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UNIVERSITY  OF  CALIFORNIA. 


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Accessions  No.3~&'71r*/.        Class  No.  7^ 

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STATE   OF  KANSAS. 


LAWS 


FOR   THE 


EEGULATION  AND   SUPPOBT 


OF 


COMMON  SCHOOLS, 


WITH 


NOTES  AND  FORMS  FOR  SCHOOL  OFFICERS. 


PUBLISHED  JUNE  1,  1881,  BY 
H.  C.  SPEER, 

STATE   SUPERINTENDENT   OF   PUBLIC   INSTRUCTION, 
[Under  authority  of  Laws  1879,  ch.  166,  sec.  84.] 


TOPEKA: 

GEO.     W.     MARTIN,     KANSAS     PUBLISHING     HOUSE. 


0»  XHB 

TJIITIRBIIY 


COMMON  SCHOOLS. 


EDUCATIONAL  PROVISIONS  OF  THE  ORGANIC  ACT. 

SECTION  34.  And  be  it  further  enacted,  That  when  the  lands  in  the 
said  territory  shall  be  surveyed  under  the  direction  of  the  government 
of  the  United  States,  preparatory  to  bringing  the  same  into  market,  sec- 
tions numbered  sixteen  and  thirty-six  in  each  township  in  said  territory 
shall  be  and  the  same  are  hereby  reserved  for  the  purpose  of  being  ap- 
plied to  schools  in  said  territory  and  in  the  states  and  territories  hereafter 
to  be  erected  out  of  the  same.  ^ 

Approved  May  30,  1854. 


EDUCATIONAL  PROVISIONS  OF  THE  STATE  CONSTITUTION. 

AKTICLE  II. 

SEC.  23.  The  legislature,  in  providing  for  the  formation  and  regula- 
tion of  schools,  shall  make  no  distinction  between  the  rights  of  males 
and  females. 

ARTICLE  VI. 

SECTION  1.  The  state  superintendent  of  public  instruction  shall  have 
the  general  supervision  of  the  common-school  funds  and  educational  in- 
terests of  the  state,  and  perform  such  other  duties  as  may  be  prescribed 
by  law.  A  superintendent  of  public  instruction  shall  be  elected  in  each 
county,  whose  term  of  office  shall  be  two  years,  and  whose  duty  and 
compensation  shall  be  prescribed  by  law. 

SEC.  2.  The  legislature  shall  encourage  the  promotion  of  intellectual, 
moral,  scientific  and  agricultural  improvement,  by  establishing  a  uniform 
system  of  common  schools  and  schools  of  higher  grade,  embracing  nor- 
mal, preparatory,  collegiate,  and  university  departments . 

SEC.  3.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted 
by  the  United  States  to  the  state,  for  the  support  of  schools,  and  the  five 
hundred  thousand  acres  of  land  granted  to  the  new  states  under  an  act 
oi  congress  distributing  the  proceeds  of  public  lands  among  the  several 


4  EDUCATIONAL   PROVISIONS. 

states  of  the  Union,  approved  September  4,  A.  D.  1841,  and  all  estates 
of  persons  dying  without  heir  or  will,  and  such  per  cent,  as  may  be 
granted  by  congress  on  the  sale  of  lands  in  this  state,  shall  be  the  com- 
mon property  of  the  state,  and  shall  be  a  perpetual  school  fund,  which 
shall  not  be  diminished,  but  the  interest  of  which,  together  with  all  the 
rents  of  the  lands,  and  such  other  means  as  the  legislature  may  provide 
by  tax  or  otherwise,  shall  be  inviolably  appropriated  to  the  support  of 
Common  schools. 

SEC.  4.  The  income  of  the  state  school  funds  shall  be  disbursed  annu- 
ally, by  order  of  the  state  superintendent,  to  the  several  county  treasurers, 
and  thence  to  the  treasurers  of  the  several  school  districts,  in  equitable 
proportion  to  the  number  of  children  and  youth  resident  therein,  between 
the  ages  of  five  and  twenty-one  years:  Provided,  That  no  school  district 
in  which  a  common  school  has  not  been  maintained  at  least  three  months 
in  each  year,  shall  be  entitled  to  receive  any  portion  of  such  funds. 

SEC.  5.  The  school  lands  shall  not  be  sold  unless  such  sale  be  author- 
ized by  a  vote  of  the  people  at  a  general  election ;  but,  subject  to  re- 
valuation every  five  years,  they  may  be  leased  for  any  number  of  years 
not  exceeding  twenty-five,  at  a  rate  established  by  law. 

SEC.  6.  All  money  which  shall  be  paid  by  persons  as  an  equivalent 
for  exemption  from  military  duty;  the  clear  proceeds  of  estrays,  owner- 
ship of  which  shall  vest  in  the  taker-up;  and  the  proceeds  of  fines  for 
any  breach  of  the  penal  laws,  shall  be  exclusively  applied  in  the  several 
counties  in  which  the  money  is  paid  or  fines  collected,  to  the  support  of 
common  schools. 

SEC.  7.  Provisions  shall  be'  made  by  law  for  the  establishment,  at 
some  eligible  and  central  point,  of  a  state  university,  for  the  promotion 
of  literature,  and  the  arts  and  sciences,  including  a  normal  and  agricul- 
tural department.  All  funds  arising  from  the  sale  of  lands  granted  by 
the  United  States  to  the  state  for  the  support  of  a  state  university,  and 
all  other  grants,  donations  or  bequests,  either  by  the  state  or  by  indi- 
viduals, for  such  purpose,  shall  remain  a  perpetual  fund,  to  be  called 
the  "university  fund,"  the  interest  of  which  shall  be  appropriated  to  the 
support  of  the  state  university. 

SEC.  8.  No  religious  sect  or  sects  shall  ever  control  any  part  of  the 
common-school  or  university  funds  of  the  state. 

SEC.  9.  The  state  superintendent  of  public  instruction,  secretary  of 
state  and  attorney  general  shall  constitute  a  board  of  commissioners  for 
the  management  and  investment  of  the  school  funds.  Any  two  of  said 
commissioners  shall  be  a  quorum. 

[Constitution  ratified  by  the  people,  October  4,  1859.] 
SKC.  5.  No  provision  has  been  made  by  law  for  the  leasing  of  school  lands. 


EDUCATIONAL   PROVISIONS, 


EDUCATIONAL  PROVISIONS  OF  THE  ACT  OF  ADMISSION. 

SEC.  3.  *  *  First:  That  sections  numbered  sixteen  and  thirty- 
six,  in  every  township  of  public  lands  in  said  state,  and  where  either  of 
said  sections,  or  any  part  thereof,  has  been  sold  or  otherwise  been  dis- 
posed of,  other  lands,  equivalent  thereto,  and  as  contiguous  as  may  be, 
shall  be  granted  to  said  state  for  the  use  of  schools. 

Second:  That  seventy-two  sections  of.  land  shall  be  set  apart  and  re- 
served for  the  use  and  support  of  a  state  university,  to  be  selected  by 
the  governor  of  said  state,  subject  to  the  approval  of  the  commissioner 
of  the  general  land  office,  and  to  be  appropriated  and  applied  in  such 
manner  as  the  legislature  of  said  state  may  prescribe  for  the  purpose 
aforesaid,  but  for  no  other  purpose. 

Approved  January  29,  1861. 


LAWS  RELATING  TO  COMMON  SCHOOLS. 


ARTICLE  I.— STATE  SUPERINTENDENT. 
IL_  COUNTY  SUPERINTENDENT. 
III. —  SCHOOL  DISTRICTS. 
IV. — DISTRICT  OFFICERS. 
V. —  DISTRICT  SCHOOLS. 

VI. — TEACHERS,  NORMAL  INSTITUTES,  AND  CERTIFICATES. 
VII.—  UNION,  OR  GRADED-SCHOOL  DISTRICTS. 
VIII.—  SCHOOL-DISTRICT  LIBRARIES. 
IX. —  FINES  AND  PENALTIES. 

X. —  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 
XI. —  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 
XII.— PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIRD  CLASS. 
XIII.— SCHOOL-DISTRICT  BONDS. 
XIV. —  SCHOOL  LANDS. 
XV. — STATE  PERMANENT  SCHOOL  FUND. 
XVI. — STATE  ANNUAL  SCHOOL  FUND. 
XVII. —  COUNTY  SCHOOL  FUND. 
XVIII.— COMPULSORY  ATTENDANCE  AT  SCHOOL. 
XIX.— SCHOOLS  IN  UNORGANIZED  COUNTIES. 
XX.— PROVIDING    FOR   THE    MAINTENANCE   OF   SCHOOL   FOUR 
MONTHS. 


ARTICLE  I. —  STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


:  1.  Official  oath  and  bond. 

2.  Shall  have  supervision  of  the  educational  in- 

terests of  the  state. 

3.  May  appoint  an  assistant  superintendent  and 

a  clerk  of  the  board  of  school  fund  commis- 
sioners. 

I.  Apportionment  of  the  annual  school  fund; 
time  of  making  and  basis  of  the  same. 

5.  Manner  of  apportioning   the    state   annual 

1  fund. 

6.  Official  opinions  to  be  given  at  the  request  of 

county  superintendents,  and  a  record  of  all 
such  decisions  to  be  kept. 


§  7.  May  publish  the  school  laws  in  force,  and 
shall  cause  the  printing  and  distribution  of 
blanks  required  in  the  transaction  of  the 
common-school  business. 

8.  Shall  visit  schools  and  recommend  text-books. 

9.  Office  at  seat  of  government;  books,  appara- 

tus, reports,  etc.,  to  be  preserved  therein. 

10.  Evidence. 

11.  Biennial  report;  when  it  shall  be  made,  and 

what  it  shall  contain. 


Official  Qualification,—  SECTION  1.  [Laws  1879,  Ch.  166,  Sec.  78.] 
The  state  superintendent  of  public  instruction  shall,  before  he  enters 
upon  the  duties  of  his  office,  take  and  subscribe  the  proper  oath  of 
office,  and  shall  execute  to  the  state  of  Kansas  a  bond  in  the  sum  of  ten 
thousand  dollars,  with  two  or  more  sufficient  sureties,  to  be  approved  by 


SCHOOL   LAWS   OF   KANSAS.  7 

the  executive  council,  conditional  that  he  shall  faithfully  perform  the 
duties  of  his  said  office,  which  oath  and  bond  shall  be  filed  in  the  office 
of  the  secretary  of  state. 

General  Duties,— SEC.  2.  [Laws  1879,  Ch.  166,  Sec.  79.]  The  ed- 
ucational interests  of  the  state  shall  be  under  the  supervision  and  man- 
agement of  the  state  superintendent  of  public  instruction,  subject  to 
such  limitations  and  restrictions  as  are  or  may  be  prescribed  by  law; 
and  he  shall  have  and  exercise  the  powers  and  perform  the  duties  pre- 
scribed in  the  acts  relating  to  common  schools. 

Assistant  Superintendent.— SEC.  3.  [Laws  1879,  Ch.  166,  Sec. 
80.]  The  state  superintendent  shall  have  power  to  appoint  an  assistant 
superintendent  of  public  instruction,  who  shall  take  the  proper  oath  of 
office,  which  shall  be  filed  in  the  office  of  the  secretary  of  state;  and 
such  assistant  shall  perform  such  duties  as  his  principal  shall  prescribe, 
not  inconsistent  with  law.  Such  assistant  shall  be  styled  the  "  assistant 
state  superintendent  of  public  instruction,"  and  the  state  superintendent 
shall  be  responsible  for  all  of  the  official  acts  of  such  assistant.  Such 
superintendent  may  also  appoint  an  additional  clerk,  who  shall  act  as 
clerk  of  the  board  of  commissioners  for  the  management  and  investment 
of  the  school  funds ;  and  such  clerk  shall  perform  such  other  duties  as 
the  superintendent  may  require,  and  for  whose  official  acts  such  superin- 
tendent shall  be  responsible. 

Apportionment— SEC.  4.  [Laws  1879,  Ch.  166,  Sec.  81.]  Such 
state  superintendent  shall  distribute  the  income  of  the  state  school  fund 
and  the  annual  taxes  collected  by  the  state  for  the  support  of  comnlon 
schools  to  those  counties  of  the  state  from  which  the  proper  reports  have 
been  received  by  said  state  superintendent.  Such  distribution  shall  be 
made  twice  in  each  year,  as  follows:  All  such  moneys  received  up  to  the 
.  fifteenth  of  February  shall  be  distributed  between  the  fifteenth  and  last 
day  of  such  month,  and  that  received  up  to  the  fifteenth  day  of  August 
shall  be  distributed  between  the  fifteenth  and  last  day  of  such  month. 
The  apportionment  to  each  county  shall  be  made  in  proportion  to  the 
number  of  children  over  the  age  of  five  years  and  under  the  age  of 
twenty-one  years,  resident  therein,  as  shown  by  the  last  annual  report  of 
the  county  superintendent  to  the  state  superintendent. 

SEC.  5.  [Laws  1879,  Ch.  166,  Sec.  82.]  Such  superintendent  shall 
draw  his  order  on  the  state  treasurer  in  favor  of  the  county  treasurer  of 
the  counties  respectively  entitled  to  school  moneys  for  the  amount  of 
such  moneys  apportioned  to  his  county,  and  certify  the  amount  of  such 
order  to  the  state  treasurer  and  state  auditor,  and  also  to  the  county 
«lerk  and  superintendent  of  the  proper  county. 


8  SCHOOL   LAWS   OF   KANSAS. 

Official  Opinions.— SEC.  6.  [Laws  1879,  Ch.  166,  Sec.  83.]  Such 
superintendent  shall,  at  the  request  of  any  county  superintendent,  give 
his  opinion,  upon  a  written  statement  of  the  facts,  on  all  questions  and 
controversies  arising  out  of  the  interpretation  and  construction  of  the 
school  laws  in  regard  to  the  rights,  powers  and  duties  of  school-district 
boards,  school  officers  and  county  superintendents,  and  shall  keep  a  rec- 
ord of  all  such  decisions.  Before  giving  any  such  opinion,  the  superin- 
tendent may  submit  the  statement  of  facts  to  the  attorney  general  for  Ms- 
ad  vice  thereon,  and  it  shall  be  the  duty  of  the  attorney  general  forth- 
with to  examine  such  statement,  and  suggest  the  proper  decision  to  be 
made  upon  such  facts. 

School  Laws  and  Blanks,— SEC.  7.  [Laws  1879,  Ch.  166,  SEC.  84.] 
Such  superintendent  not  oftener  than  once  in  two  years  may  publish  the 
school  laws  in  force,  with  such  forms,  regulations,  instructions  and  de- 
cisions as  he  may  judge  expedient  thereto  annexed,  and  shall  cause  the 
same  to  be  forwarded  to  the  persons  entitled  to  receive  them.  He  shall 
prescribe  and  cause  to  be  prepared  all  forms  and  blanks  necessary  in  the 
details  of  the  common-school  system,  so  as  to  secure  its  uniform  opera- 
tion throughout  the  state;  and  shall  cause  the  same  to  be  forwarded  to- 
the  several  county  superintendents,  to  be  by  them  distributed  to  the 
several  persons  or  officers  entitled  to  receive  the  same. 

Visitation,  and  Text-Books.— SEC.  8.  [Laws  1879,  Ch.  166,  Sec. 
85.]  It  shall  be  the  duty  of  such  superintendent  to  visit  each  county 
of  the  state  at  least  once  in  two  years,  and  as  much  oftener  as  consistent 
with  the  discharge  of  his  other  duties,  for  the  purpose  of  advancing  and 
promoting  the  cause  of  education  throughout  the  state.  It  shall  be  his 
duty  to  recommend  the  most  approved  text-books  for  the  common  schools 
of  the  state,  and  to  open  such  correspondence  as  may  enable  him  to  ob- 
tain all  necessary  information  relating  to  the  system  of  common  schools- 
in  other  states.  t 

Office.— SEC.  9.  [Laws  1879,  Ch.  166,  Sec.  86.]  Such  superintendent 
shall  have  an  office  in  the  capitol,  where  he  shall  keep  all  books  and 
papers  pertaining  to  the  duties  of  his  office  •  and  all  books,  school  and 
other,  and  all  apparatus,  maps  and  charts  now  belonging  to  the  office  of 
the  state  superintendent,  and  such  as  may  hereafter  be  received  for  such 
office  by  purchase,  exchange  or  otherwise,  shall  be  kept  and  preserved  in 
such  office,  and  delivered  by  the  superintendent  to  his  successor.  He 
shall  file  and  carefully  preserve  in  his  office  the  official  reports  made  to 
him  by  the  county  superintendents  of  the  several  counties,  trustees  or 
directors  of  academies,  graded  schools  or  colleges. 

Copies  of  Papers.— SEC.  10.  [Laws  1879,  Ch.  166,  SEC.  87.]  Copies 
of  all  papers  filed  in  his  office,  and  the  record  of  his  official  acts,  may 


SCHOOL    LAWS   OF    KANSAS.  9 

be  certified  by  him,  and  when  so  certified  shall  be  evidence  equally  and 
in  like  manner  as  the  originals. 

Biennial  Report.— SEC.  11.  [Laws  1879,  Ch.  166,  Sec.  88.]  The 
superintendent  shall,  on  the  first  day  of  December  preceding  each  regu- 
lar session  of  the  legislature,  make  out  and  deliver  to  the  governor  a 
report  containing  — 

First:  A  statement  of  the  number  of  common  schools  in  the  state,  the 
number  of  scholars  attending  the  same,  their  sex,  and  the  branches 
taught;  a  statement  of  the  number  of  private  or  select  schools  in  the 
state,  so  far  as  the  same  can  be  ascertained,  and  the  number  of  scholars 
attending  the  same,  their  sex,  and  the  branches  taught;  a  statement  of 
the  number  of  normal  schools  in  the  state,  and  the  number  of  students 
attending  them;  the  number  of  academies  and  colleges  in  the  state,  and 
the  number  of  students,  and  their  sex,  attending  them;  and  such  other 
matters  of  interest  as  he  may  deem  expedient,  drawn  from  the  reports 
of  the  county  superintendents  of  the  several  counties  in  the  state,  and 
from  other  reports  received  on  the  subject  of  education  from  trustees  or 
other  school  boards  within  the  state. 

Second:  A  statement  of  the  condition  of  the  common-school  fund  of 
the  state,  including  moneys,  school  lands  or  other  property  held  in  trust 
by  the  state  for  the  support  of  common  schools,  and  giving  a  full  state- 
ment of  the  school-land  account  of  each  county. 

Third:  A  statement  of  the  receipts  and  expenditures  for  the  year. 

Fourth:  A  statement  of  plans  for  the  management  and  improvement 
of  common  schools;  and  such  other  information  relating  to  the  educa- 
tional interests  of  the  state  as  he  may  deem  important. 


AKTICLE  II.— COUNTY  SUPERINTENDENT. 


§12.  Official  oath  and  bond. 

13.  General  duties;   quarterly  report  to  state  su- 

perintendent. 

14.  Apportionment  of  state  and  county  school 

funds. 

15.  Report  school-district  boundaries  to  county 

•'clerk. 

16.  Annual  report  to  state  superintendent. 

17.  Compensation,  how  determined. 

18.  Vacancy  in  board  of  directors  of  school  dis- 

trict, how  filled. 

19.  Vacancy  in  office  of  county  superintendent, 

how  filled. 


§20.  Superintendent  shall  require  clerks'  reports 
to  be  made  promptly  and  correctly. 

21.  Power  to  administer  oath,  in  what  cases. 

22.  Purchase  of  records  for  school  districts. 

23.  Duty  in  forming  and  changing  school  districts. 

24.  Notice  of  forming  school  district  and  of  first 

meeting,  how  made. 

25.  Other  duties ;  delivery  of  records  of  office. 

26.  Neglect  or  refusal  to  perform  duty,  prosecution 

for  same. 


Oath  and  Bond.— SECTION  12.  [Laws  1881,  Ch.  152,  Sec.  1.]  The 
county  superintendent  of  public  instruction  shall,  before  he  enters  upon 
the  duties  of  his  office,  take  and  subscribe  an  oath  or  affirmation  to  sup- 


10  SCHOOL   LAWS   OF   KANSAS. 

port  the  constitution  of  the  United  States  and  of  the  state  of  Kansas ;  to 
faithfully  discharge  the  duties  of  such  office,  and  execute  to  the  state 
of  Kansas  a  bond  in  the  sum  of  one  thousand  dollars,  conditioned  to  the 
faithful  performance  of  his  official  duties;  which  bond,  after  having  been 
approved  by  the  board  of  county  commissioners,  together  with  his  official 
oath  shall  be  filed  in  the  office  of  the  county  clerk. 

General  Duties.-SEc.  13.  [Laws  1881,  Ch.  152,  Sec.  2.]  It  shall 
be  the  duty  of  the  county  superintendent  of  public  instruction  to  visit 
each  school  in  his  county  at  least  once  each  term  of  six  months,  correct- 
ing any  deficiency  that  may  exist  in  the  government  of  the  school,  the 
olassification  of  the  pupils,  or  the  methods  of  instruction  in  the  several 
branches  taught ;  to  make,  such  suggestions  in  private  to  the  teachers  as 
he  shall  deem  proper  and  necessary  to  the  welfare  of  the  school ;  to  note 
the  character  and  condition  of  the  school  house,  furniture,  apparatus  and 
grounds,  and  make  a  report  in  writing  to  the  district  board,  making  such 
suggestions  as  in  his  opinion  shall  improve  the  same ;  to  examine  the 
accounts  and  record  books  of  the  district  officers,  and  see  that  they  are 
kept  as  required  by  law;  to  encourage  the  formation  of  associations  of 
teachers  and  educators  for  mutual  improvement,  and,  as  far  as  possible, 
to  attend  the  meetings  of  such  associations,  and  participate  in  the  exer- 
cises of  the  same ;  to  attend  the  normal  held  in  his  county,  using  his 
influence  to  secure  the  attendance  of  teachers ;  to  make  daily  a  personal 
inspection  of  the  work  of  the  institute  in  session,  and  keep  a  record  of 
the  same  in  his  office,  and  do  such  work  in  connection  with  the  exercises 
of  the  institute  as  he  may  deem  necessary ;  to  hold  a  public  meeting  in 
each  school  district  of  his  county  at  least  once  every  year,  for  the  pur- 
pose of  discussing  school  questions  and  elevating  the  standard  of  educa- 
tion ;  to  keep  his  office  open  at  the  county  seat,  Saturday  of  each  week, 
and  in  counties  in  which  the  county  superintendent  receives  a  salary  of 
more  than  six  hundred  dollars  per  annum,  he  shall  keep  his  office 
open  when  not  necessarily  absent  attending  to  his  official  duties.  He 
shall  keep  a  complete  record  of  his  official  acts ;  a  record  of  the  name, 
age  and  post-office  address  of  each  candidate  for  a  teacher's  certificate, 
with  the  number  of  weeks  said  candidate  has  attended  a  normal  school 
or  institute,  the  number  of  weeks  he  has  taught,  his  standing  in  each 

SEC.  13.  (a)  "At  least  once  each  term  of  six  months"  is  held  to  mean  at  least  once  each  half-year. 

(6)  The  power  to  correct  deficiencies  in  government,  classification  and  methods  of  instruction,  im- 
plies a  direct  responsibility  of  the  teacher  to  the  superintendent.  The  language  of  the  law  is  clearly 
intended  to  establish  this  relation  somewhat  as  it  exists  in  city  schools.  Failure  to  pay  reasonable  at- 
tention to  the  suggestions  of  the  county  superintendent  in  these  matters  is  held  to  be  sufficient  ground 
for  withholding  the  teacher's  certificate. 

(c)  The  county  superintendent  cannot  receive  compensation  for  work  in  connection  with  the  nor- 
mal institute. 

( d)  The  provisions  of  this  section  require  the  entire  time  of  every  county  superintendent  receiving 
a  salary  of  over  six  hundred  dollars. 


SCHOOL    LAWS   OF    KANSAS.  11 

study,  and  the  date  of  issue  and  expiration  of  each  certificate  granted. 
He  shall  keep  a  register  of  the  teachers  employed  in  his  county,  giving 
name  of  teacher,  number  of  the  district  in  which  he  is  employed,  dates 
of  opening  and  closing  term,  salary  per  month,  grade  of  certificate,  and 
date  of  superintendent's  visit.  He  shall  keep  a  record  of  the  semi- 
annual apportionments  of  the  state  and  county  school  funds,  and  such 
other  statistical  records  as  shall  be  required  in  making  reports  to  the  state 
superintendent  of  public  instruction.  He  shall  make  out  and  transmit 
to  the  state  superintendent,  on  the  last  Monday  of  March,  June,  Sep- 
tember and  December  of  each  year,  a  report,  showing  the  number  of 
school  visits  made,  with  the  average  length  of  time  spent  in  such  visits; 
the  number  of  consultations  held  with  school  officers;  the  number  of 
days  his  office  has  been  kept  open;  the  number  of  district  treasurers'  and 
clerks'  record  books  examined;  the  number  of  teachers'  meetings  at- 
tended; the  number  of  public  lectures  delivered;  and  such  other  infor- 
mation as  the  state  superintendent  may  require  regarding  the  duties  of 
such  county  superintendent;  and  until  such  report  shall  have  been  for- 
warded to  the  state  superintendent,  and  a  copy  thereof  filed  with  the 
county  clerk  for  publication,  and  that  fact  certified  by  the  said  county 
superintendent  to  the  board  of  county  commissioners,  the  warrant  for 
his  salary  shall  not  be  drawn.  The  county  superintendent  shall  obtain 
from  the  county  clerk,  at  least  ten  days  before  the  time  for  holding  the 
annual  school  meeting  each  year,  a  certified  statement  of  the  total  assessed 
valuation  of  the  property  in  each  school  district  in  his  county,  and  im- 
mediately certify  the  same  to  the  several  school-district  clerks  of  his 
county,  for  the  information  of  the  annual  school  meeting;  and  it  is 
hereby  made  the  duty  of  said  county  clerks  to  make  out  said  certified 
statement,  and  deliver  the  same  to  the  county  superintendent. 

Apportionment  of  School  Funds.— SEC.  14.  [Laws  1881,  Ch.  152, 
Sec.  3.]  Within  five  days  after  receiving  the  certificate  of  the  state  su- 
perintendent of  public  instruction,  informing  him  of  the  amount  of  state 
school  fund  which  has  been  apportioned  to  his  bounty,  the  county  super- 
intendent shall  apportion  the  same,  together  with  the  unapportioned 
county  school  fund  in  the  county  treasury,  among  the  school  districts 
and  parts  of  districts  in  such  county,  in  the  ratio  of  the  number  of  per- 

SKC.  14.  A  district  must  not  only  have  had  a  common  school  taught  at  least  three  months  during  the 
school  year  ending  July  31st;  it  must  also  have  made  through  its  district  clerk,  the  requisite  annual  re- 
port for  the  school  year  in  time  to  be  included  in  the  annual  report  of  the  county  superintendent,  or  the 
county  superintendent  cannot  legally  apportion  to  the  district  a  share  of  the  next  ensuing  February 
and  August  dividends  of  the  state  and  county  school  funds.  In  apportioning  these  funds  the  county 
superintendent  must  be  governed  not  only  by  the  proviso  regarding  the  length  of  school  term,  but  also 
by  the  number  of  children  of  school  age  residing  in  the  several  districts  of  the  county,  "CM  the  same  shall 
appear  from  the  last  annual  reports  of  the  clerks  of  the  respective  districts"  For  purposes  of  apportionment, 
it  is  only  from  the  annual  report  of  the  clerk  of  a  district  that  the  county  superintendent  can  legally 
know  the  number  of  children  of  school  age  residing  in  the  district. 


12  SCHOOL   LAWS   OF   KANSAS. 

sons  of  school  age  residing  in  each  district  or  part  of  district,  as  shown 
by  the  last  annual  reports  of  the  several  clerks  of  such  districts  and 
parts  of  districts:  Provided,  That  no  district  in  which  a  common  school 
has  not  been  taught  at  least  three  months  the  last  preceding  school  year 
shall  be  entitled  to  receive  any  portion  of  either  of  said  funds;  and  he 
shall  draw  his  order  on  the  county  treasurer  in  favor  of  each  of  the  several 
school-district  treasurers  for  the  amount  apportioned  to  such  district. 

School-District  Boundaries.— SEC.  15.  [Laws  1881,  Ch.  152,  Sec. 
4.]  It  shall  be  the  duty  of  the  county  superintendent  of  public  instruc- 
tion, on  or  before  the  fourth  Monday  of  July  of  each  year,  to  furnish 
the  clerk  of  his  county  a  description  of  the  boundaries  of  each  and 
every  school  district  and  part  of  district  in  such  county. 

Annual  Report— SEC.  16.  [Laws  1881,  Ch.  152,  Sec.  5.]  He  shall, 
on  or  before  the  fifteenth  of  October  of  each  year,  make  out  and  transmit 
in  writing  to  the  state  superintendent  of  public  instruction  a  report 
bearing  date  October  1st,  containing  a  statement  of  the  number  of 
school  districts  or  parts  of  districts  in  the  county,  and  the  number  of 
children  and  their  sex,  resident  in  each,  over  the  age  of  five  and  under 
the  age  of  twenty-one  years;  a  statement  of  the  number  of  district 
schools  in  the  county,  the  length  of  time  a  school  has  been  taught  in 
each,  the  number  of  scholars  attending  the  same,  their  sex,  the  branches 
taught  and  the  text-books  used,  the  number  of  teachers  employed  in  the 
same,  and  their  sex ;  a  statement  of  the  number  of  private  or  select 
schools  in  the  county  so  far  as  the  same  can  be  ascertained,  and  the 
number  of  teachers  employed  in  the  same,  their  sex,  and  the  branches 
taught ;  a  statement  of  the  number  of  graded  schools  in  the  county, 
the  length  of  time  school  has  been  taught  in  each,  and  the  number  of 
scholars  attending  the  same,  their  sex,  and  the  branches  taught,  the 
number  of  teachers  employed  in  the  same,  and  their  sex;  a  statement  of 
the  condition  of  the  normal  school,  where  such  school  has  been  estab- 
lished, the  number  of  students  attending  the  same,  their  sex,  and  the 
number  of  teachers  employed  in  the  same,  and  their  sex ;  a  statement  of 
the  county  normal  institute;  a  statement  of  the  number  of  academies 

In  the  case  of  the  organization  of  a  school  district  out  of  a  part  of  the  territory  of  another  which 
is  entitled  to  a  portion  of  the  state  and  county  school  funds,  the  newly-formed  district  should  be  appor- 
tioned its  just  share  of  the  funds  to  which  the  original  district  would  have  been  entitled.  If  the  di- 
vision of  the  district  was  made  before  the  time  of  making  the  annual  report,  the  report  of  the  new 
district  should  show  the  number  of  children  resident  of  the  territory  detached  from  the  old  district; 
so  that  this  apportionment  may  be  made  upon  official  returns.  If  the  new  district  was  organized  after 
the  time  of  making  the  annual  report,  the  officers  of  the  former  district  should  be  directed  to  pay  to 
the  treasurer  of  the  new  district  that  portion  of  the  funds  to  which  the  children  residing  upon  the  de- 
tached territory  entitle  said  district. 

SEC.  16.  The  annual  reports  of  county  superintendents  constitute  the  basis  on  which  the  state  super- 
intendent disburses  the  semi-annual  dividends  to  the  several  counties.  If  any  county  superintendent, 
therefore,  fails  to  make  his  annual  report,  as  required  by  law,  the  county  loses  its  share  of  the  state 
school  fund,  and  the  county  superintendent  becomes  responsible  to  the  county  for  the  amount. 


SCHOOL    LAWS   OF    KANSAS.  13 

and  colleges  in  the  county,  and  the  number  of  students  attending  the 
same  and  their  sex,  the  number  of  teachers  employed  in  each,  and  their 
sex ;  a  statement  of  the  amount  of  public  money  received  in  each  dis- 
trict or  parts  of  districts,  and  what  portion  of  the  same,  if  any,  has 
been  appropriated  to  the  support  of  graded  schools ;  a  statement  of  the 
amount  of  money  raised  in  each  district  by  tax  and  paid  for  teachers' 
wages,  in  addition  to  the  public  money  paid  therefor;  the  amount  of 
money  raised  by  tax  or  otherwise  for  the  purpose  of  purchasing  school 
site,  for  building,  hiring,  purchasing,  repairing,  furnishing,  or  insuring 
such  school  house,  or  for  any  other  purpose  allowed  by  law,  in  the  dis- 
trict or  parts  of  districts. 

Compensation.— SEC.  17.  [Laws  1881,  Ch.  152,  Sec.  6.]  The  county 
superintendent  of  public  instruction  in  counties  containing  one  thousand 
and  not  more  than  twelve  hundred  persons,  between  the  ages  of  five  and 
twenty-one  years,  shall  receive  four  hundred  dollars  per  annum;  in 
counties  having  a  school  population  of  from  twelve  hundred  to  fifteen 
hundred,  he  shall  receive  five  hundred  dollars  per  annum;  and  in 
counties  containing  more  than  fifteen  hundred  persons  of  school  age,  he 
shall  receive  five  hundred  dollars,  and  twenty  dollars  for  each  additional 
one  hundred  such  persons  per  annum;  in  counties  having  a  school  pop- 
ulation of  less  than  one  thousand,  the  county  superintendent  shall  receive 
three  dollars  for  each  day  actually  and  necessarily  employed  in  the  dis- 
charge of  the  duties  of  his  office,  for  a  number  of  days  not  to  exceed 
one  hundred  in  any  one  year,  which  compensation  shall  be  payable 
quarterly,  on  the  order  of  the  board  of  county  commissioners  :  Provided, 
That  no  county  superintendent  shall  receive  to  exceed  one  thousand 
dollars  per  annum,  and  that  in  determining  the  salaries  of  county  su- 
perintendents, the  school  population  of  cities  of  the  first  and  second 
class  shall  not  be  included. 

Vacancy  in  Board.— SEC.  18.  [Laws  1881,  Ch.  152,  Sec.  7.]  Should 
a  vacancy  occur  in  the  board  of  directors  of  any  school  district,  it  shall 
be  the  duty  of  the  county  superintendent  to  appoint  some  suitable  per- 
son, a  resident  of  the  district,  to  fill  the  same,  and  the  person  so  appointed 
shall  continue  in  office  until  the  next  annual  meeting  thereafter,  and 
until  his  successor  is  elected  and  qualified. 

Vacancy  in  Office  of  County  Superintendent— SEC.  19.  [Laws 
1881,  Ch.  152,  Sec.  8.]  When  a  vacancy  occurs  in  the  office  of  county 
superintendent  of  public  instruction,  by  death,  resignation  or  otherwise, 

SEC.  17.  "School  population"  is  held  to  mean  the  enumeration  taken  annually  by  school  district 
clerks  for  the  annual  report.  Such  enumeration  for  each  year  should  constitute  the  basis  for  the  su- 
perintendent's salary  for  the  next  year,  beginning  January  1. 

SEC.  18.  No  petition  is  required. 


14  SCHOOL   LAWS   OF   KANSAS. 

notice  thereof  shall  be  given  by  the  county  clerk  to  the  board  of  county 
commissioners,  who  shall  as  soon  as  practicable  appoint  some  suitable 
person  to  fill  the  vacancy,  and  the  person  receiving  such  appointment 
shall,  before  entering  upon  the  discharge  of  the  duties  of  the  office,  file 
his  oath  or  affirmation  and  bond  in  the  county  clerk's  office  as  herein- 
before provided,  and  shall  hold  his  office  until  his  successor  is  elected 
and  qualified. 

Clerks'  Reports.— SEC.  20.  [Laws  1881,  Ch.  152,  Sec.  9.]  He  shall 
see  that  the  annual  reports  of  the  clerks  of  the  several  school  districts 
and  parts  of  districts  in  his  county  are  made  correctly  and  in  due  time. 

Oaths,— SEC.  21.  [Laws  1881,  Ch.  152,  Sec.  10.]  County  superin- 
tendents shall  have  power  to  administer  oaths  in  all  cases  in  which  an 
oath  is  made  necessary  by  any  provisions  of  the  school  law,  except  in 
the  qualifying  of  county  superintendents  and  their  sureties. 

Purchase  of  Records.— SEC. 22.  [Laws  1881,  Ch.  152,  Sec.  11.] 
The  county  superintendent  of  public  instruction  of  the  respective  coun- 
ties in  this  state  may  purchase  for  each  organized  school  district  in  his 
county  not  having  sufficient  records,  one  set  of  school-district  records, 
consisting  of  district  clerks'  records  and  order  books,  district  treasurer's 
book,  and  a  teachers'  daily  register.  Each  of  said  books  shall  contain 
such  printed  forms  and  instructions  as  will  enable  the  teacher  and  the 
school-district  officers  to  perform  with  correctness  and  accuracy  their 
several  duties  as  required  by  law:  Provided,  The  entire  set  of  said 
records  as  above  enumerated  shall  not  exceed  in  cost  four  dollars  for 'each 
set;  and  the  said  superintendent  shall  draw  his  order  or  warrant  on  the 
county  treasurer,  in  favor  of  the  person  he  purchases  said  books  of,  for 
the  amount  of  the  purchase-money,  and  it  is  hereby  made  the  duty  of 
said  county  treasurer  to  pay  said  warrant  or  order  out  of  any  money  in 
his  hands  belonging  to  the  respective  districts  in  his  county:  Provided? 
That  no  funds  in  the  hands  of  the  county  treasurer  belonging  to  the 
several  school  districts  in  his  county  shall  be  diverted  from  the  object 
for  which  said  fund  was  raised,  and  the  said  superintendent  shall  deliver 
the  said  books  to  the  district  board  of  each  district. 

Forming  and  Changing  Districts.— SEC.  23.  [Laws  1881,  Ch, 
152,  Sec.  12.]  It  shall  be  the  duty  of  the  county  superintendent  of  public 
instruction  to  divide  the  county  into  a  convenient  number  of  school  dis- 
tricts, and  to  change  such  districts  when  the  interests  of  the  inhabitants 

SEC.  22.  There  is  no  warrant  of  law  for  purchasing  and  holding  supplies  of  record  books  to  be  deliv- 
ered to  districts  as  they  may  be  needed.  The  purchase  should  be  made  directly  for  each  district,  and 
warrant  drawn  against  moneys  credited  to  that  district  on  the  books  of  the  county  treasurer. 

SEC.  23.  It  is  very  desirable  that  the  people  concerned  should  be  consulted,  and.  the  arguments  on 
both  sides  carefully  considered,  before  making  important  changes.  After  a  district  has  issued  bonds  to 
luiM  or  purchase  a  school  house,  alterations  should  be  discouraged  until  the  bonds  are  paid,  except  in 


SCHOOL    LAWS   OF   KANSAS.  15 

thereof  require  it,  but  only  after  twenty  days7  notice  thereof,  by  written 
notices  posted  in  at  least  five  public  places  in  the  district  to  be  changed ; 
but  no  new  school  district  shall  be  formed  containing  less  than  fifteen  per- 
sons of  school  age,  no  district  shall  be  so  changed  as  to  reduce  its  school 
population  to  less  than  fifteen,  and  none  having  a  bonded  indebtedness 
shall  be  so  reduced  in  territory  that  such  indebtedness  shall  exceed  five 
per  cent,  of  their  assessed  property  valuation :  Provided,  That  any  per- 
son interested  may  appeal  to  the  board  of  county  commissioners  from  the 
action  of  the  county  superintendent.  Such  superintendent  shall  number 
school  districts  when  they  are  formed,  and  he  shall  keep  in  a  book  for 
that  purpose  a  description  of  the  boundaries  of  each  school  district  and 
part  of  district  in  his  county,  with  plat  of  the  same,  date  of  organization, 
date  and  full  record  of  all  changes  of  boundaries,  and  a  list  of  district 
officers  in  his  county,  the  date  of  election  or  appointment,  and  the  time 
the  term  of  each  is  to  expire. 

Notice  of  First  Meeting.— SEC.  24.  [Laws  1881,  Ch.  152,  Sec. 
13.]  Whenever  a  school  district  shall  be  formed  in  any  county,  the 
county  superintendent  of  public  instruction  of  such  county  shall  within 
fifteen  days  thereafter  prepare  a  notice  of  the  formation  of  such  district, 
describing  its  boundaries  and  stating  the  number  thereof.  He  shall 
cause  the  notices  thus  prepared  to  be  posted  in  at  least  five  public  places 
in  the  district,  and  in  case  there  shall  be  no  appeal,  shall  in  ten  days 
thereafter  in  like  manner  appoint  a  time  and  place  for  a  special  district 
meeting,  for  the  election  of  officers  and  the  transaction  of  such  business 
as  is  prescribed  by  law  for  special  school-district  meeting. 

Other  Duties,— SEC.  25.  [Laws  1881,  Ch.  152,  Sec.  14.]  He  shall 
discharge  such  other  duties  as  may  be  prescribed  by  law,  and  in  cases  of 
sickness  or  temporary  absence  he  may  employ  a  deputy.  He  shall  de- 
liver to  his  successor,  within  ten  days  after  the  expiration  of  his  term 
of  office,  all  books  and  papers  appertaining  to  his  office. 

Neglect  or  Refusal  to  Perform  Duty,— SEC. 26.  [Laws  1881, 
Ch.  152,  Sec.  15.]  Every  county  superintendent  who  shall  neglect  or 
refuse  to  perform  any  act  which  it  is  his  duty  to  perform,  or  shall  cor- 
ruptly or  oppressively  perform  any  such  duty,  he  shall  forfeit  his  office, 
and  shall  be  liable  on  his  official  bond  for  all  damages  occasioned  thereby, 
to  be  recovered  in  the  name  of  the  state  for  the  benefit  of  the  proper 
party,  district  or  county. 

cases  where  imperative  necessity  demands  a  change.  The  object  should  be,  to  establish  strong  and  per- 
manent districts.  It  is  better  for  a  youth  to  walk  double  the  distance  to  a  good  school,  than  to  have  a 
poor  school  near  his  door. 

In  changing  district  boundaries,  five  notices,  posted  for  twenty  days  preceding,  must  be  given  to 
each  district  affected.  Appeals  need  not  be  made  from  the  contemplated  action  outlined  in  the  twenty- 
day  notices,  but  must  be  taken  within  ten  days  from  the  actual  change  made. 


SCHOOL   LAWS   OF   KANSAS. 


ARTICLE  III.— SCHOOL  DISTRICTS. 


#27.  Shall  be  deemed  organized,  when. 

28.  Shall  be  a  body  corporate. 

29.  Joint  districts,  how  formed  and  designated. 

30.  New  districts  formed  from  one  or  more  dis- 

tricts; apportionment  of  property. 

31.  Aggrieved  persons  may  appeal. 


$34.  Notice  of  district  meetings. 

35.  Who  may  vote  at  a  district  meeting. 

36.  How  to  proceed  when  a  voter  is  challenged. 

37.  Powers  of  district  meetings. 

38.  District  meetings  may  determine  length  of 

school  term,  etc.;  when  board  may  deter- 


32.  Annual  meeting,  when  held;  notice;  special  j  mine  the  same. 

meetings.  39   School-house  site  may  be  changed. 


33.  When  business  of  annual  meeting  may  be 
transacted  at  special  meeting;  when  and 
how  called. 


40.  Value  of  school  house,  how  determined. 

41.  School-house  site   may   be  condemned,  when 

and  how. 


Organization.— SECTION  27.  [Laws  1876,  Ch.  122,  Art.  3,  Sec.  1.] 
Every  school  district  shall  be  deemed  duly  organized  when  the  officers 
constituting  the  district  board  shall  have  been  elected  and  qualified,  and 
shall  have  signified  their  acceptance  to  the  county  superintendent  in 
writing,  which  the  superintendent  shall  file  in  his  office. 

Body  Corporate.— SEC.  28.  [Laws  1876,  Ch.  122,  Art.  3,  Sec.  2.] 
Every  school  district  organized  in  pursuance  of  this  act  shall  be  a  body 
corporate,  and  shall  possess  the  usual  powers  of  a  corporation  for  public 

purposes,  by  the  name  and  style  of  school  district  No. (such  a 

number  as  may  be  designated  by  the  county  superintendent),  — — 
county  (the  name  of  the  county  in  which  the  district  is  situated  ),  state 
of  Kansas,  and  in  that  name  may  sue  and  be  sued,  and  be  capable  of 
contracting  and  being  contracted  with,  and  holding  such  real  and  per- 
sonal estate  as  it  may  come  into  possession  of  by  will  or  otherwise,  or  as 
is  authorized  to  be  purchased  by  the  provisions  of  this  act. 

Joint  Districts.— SEC.  29.  [Laws  1879,  Ch.  158,  Sec.  1.]  When  it 
shall  become  necessary  to  form  a  school  district,  lying  partly  in  two  or 
more  counties,  the  county  superintendents  of  the  counties  in  which  the 
said  tract  of  country  shall  be  situated,  when  application  shall  be  made 
in  writing  to  any  one  of  them  by  five  householders  resident  therein, 
shall,  if  by  them  deemed  necessary,  meet  and  proceed  to  lay  o'fF  and 
form  the  same  into  a  school  district,  issue  notices  for  the  first  district 
meeting,  and  shall  file  the  proper  papers  in  their  respective  offices;  and 
such  district  so  organized  shall  be  designated  joint  district  No.  — , 
counties  of  -  — ;  and  the  boundaries  of  such  district  shall  not  be  altered 
except  by  the  joint  action  of  the  superintendents  of  the  several  counties 
represented  in  said  district :  Provided,  That  if  in  the  alteration  of,  or 
refusal  to  alter,  the  boundaries  of  any  joint  school  district,  any  person 
or  persons  shall  feel  aggrieved,  such  person  or  persons  may  appeal  to 
the  state^uperintendentof  public  instruction,^  notice  of  such  appeal 

SEC.  27.  Officers  elected  at  first  district  meeting  hold  only  until  the  next  annual  election 
SEC.  29.  It  is  held  that  appeals  should  be  taken  to  the  State  Superintendent,  in  the  case  of  the/orma- 
iion,  as  well  as  alteration,  of  joint  school  districts. 


SCHOOL    LAWS   OF    KANSAS.  17 

shall  be  served  on  the  superintendents  of  the  several  counties  represented 
in  said  district  within  ten  days  after  the  rendition  by  them  of  the  deci- 
sion appealed  from,  which  notice  shall  be  in  writing,  and  shall  state  fully 
the  objections  to  the  action  of  the  county  superintendent,  and  a  copy 
thereof  shall  be  filed  with  the  state  superintendent  of  public  instruction; 
and  it  shall  be  the  duty  of  the  county  superintendent  in  whose  possession 
are  the  papers  connected  with  the  action  appealed  from  to  transmit  the 
same  to  the  state  superintendent  of  public  instruction,  immediately  upon 
being  served  with  notice  of  appeal,  as  hereinbefore  presented ;  and  there- 
upon the  state  superintendent  of  public  instruction  shall  fix  a  time  for 
the  hearing  of  said  appeal,  and  notify  the  several  county  superintendents 
interested,  and  the  appellants,  thereof;  and  his  decision  on  said  appeal 
shall  be  final,  and  shall  be  by  him  certified  to  the  several  county  super- 
intendents interested,  and  they  shall  take  action  in  accordance  there- 
with :  And  provided  further,  That  each  joint  district,  except  in  matters 
relating  to  the  alteration  of  the  boundaries  thereof,  shall  be  under  the 
jurisdiction  and  control  of  the  superintendent  of  that  one  of  the  counties 
represented  in  such  district  which  has  the  largest  amount  of  territory 
embraced  within  the  boundaries  of  such  joint  district. 

Division  of  Property.— SEC.  30.  [Laws  1876,  Ch.  122,  Art.  3,  Sec. 
4.]  When  a  new  district  is  formed,  in  whole  or  in  part,  from  one  or  more 
districts  possessing  a  school  house  or  entitled  to  other  property,  the 
county  superintendent,  at  the  time  of  forming  such  new  district,  shall 
equitably  determine  the  proportion  of  the  present  value  of  such  school 
house,  or  other  property  justly  due  to  said  new  district.  Such  propor- 
tion, when  ascertained,  shall  be  levied  by  the  district  board  of  the  dis- 
trict retaining  the  school  house  or  other  property,  upon  the  taxable 
property  of  the  district,  and  shall  be  collected  in  the  same  manner  as  if 
the  same  had  been  authorized  by  a  vote  of  the  district  for  building  a 
school  house,  and  when  collected  shall  be  paid  to  the  treasurer  of  the 
new  district,  to  be  applied  towards  procuring  a  school  house  for  such 
district. 

SEC.  30.  For  the  division  of  school  property  under  the  provisions  of  this  section,  the  following  rules 
are  recommended,  viz.: 

1ST  RULE,  To  be  applied  in  dividing  school  property  which  has  been  procured  with  the  proceeds  of  district 
•taxes  : 

First:  Find  the  assessed  valuation  of  the  taxable  property  of  the  undivided  district  as  returned  on 
the  last  assessment  roll  of  the  county. 

Second:  Find,  in  like  manner,  the  assessed  valuation  of  the  taxable  property  of  the  territory  which 
is  to  be  cut  off,  and  which  does  not  retain  the  school  property. 

Third:  Find  the  present  value  of  the  school  property  of  the  undivided  district,  including  moneys 
raised  from  district  taxes  and  remaining  in  the  treasury  at  the  time  the  division  is  made,  after  discharg- 
ing all  indebtedness  payable  out  of  such  moneys. 

Fourth:  Multiply  the  present  value  of  the  school  property  by  the  assessed  valuation  of  the  territory 
which  is  to  be  cut  off.  The  product  divided  by  the  assessed  valuation  of  the  undivided  district  gives  the 
.amount  due  to  the  territory  which  is  to  be  cut  off. 


lg  SCHOOL   LAWS   OF    KANSAS. 

Aggrieved Persons.-SEC.  31.  [Laws  1876,  Ch.  122,  Art  3,  Sec  5.] 
If  in  the  formation  or  alteration  of,  or  refusal  to  form  or  alter  school 
districts,  any  person  or  persons  shall  feel  aggrieved,  such  person  or  per- 
sons  may  appeal  to  the  board  of  county  commissioners,  who  shall  confer 
with  the  county  superintendent,  and  their  action  shall  be  final :  Provided, 
That  notice  of  such  appeal  shall  be  served  on  the  county  superintendent 
within  ten  days  of  the  time  of  posting  of  the  notices  of  the  formation 
or  alteration  of  such  district;  such  notice  shall  be  in  writing,  and  shall 
state  fully  the  objections  to  the  action  of  the  county  superintendent,  a 
copy  of  which  shall  be  filed  with  the  county  clerk,  and  also  with  the 
clerks  of  all  districts  affected  by  such  alteration  :  And  provided,  also, 
That  such  appeal  shall  be  heard  and  decided  by  the  majority  of  the 
board  of  county  commissioners  at  their  next  regular  meeting;  and  if 
such  appeal  is  not  sustained  by  them,  the  county  superintendent  shall 
proceed  to  appoint  the  time  and  place  for  said  first  district  meeting, 
which  shall  then  proceed  as  by  law  required. 

Annual  and  Special  Meetings.— SEC.  32.  [Laws  1876,  Ch.  122, 
Art.  3,  Sec.  6.]  An  annual  meeting  of  each  school  district  shall  be  held 
on  the  second  Thursday  of  August  of  each  year,  at  the  school  house 
belonging  to  the  school  district,  at  two  o'clock  P.  M.  Notice  of  the  time 
and  place  of  said  annual  meeting  shall  be  given  by  the  clerk,  by  posting 
written  or  printed  notices  in  three  public  places  of  the  district  at  least 
ten  days  before  said  meeting.  Special  meetings  may  be  called  by  the 
district  board,  or  by  a  majority  of  the  legal  voters  of  the  district,  but 

2D  RULE,  To  be  applied  in  dividing  such  school  property  as  consuls  of  moneys  received  by  the  undivided  dts- 
trictfrom  the  state  and  county  school  funds: 

First:  Find  the  number  of  children  of  school  age  residing  in  the  undivided  district,  as  given  in  the 
last  annual  report  of  the  clerk  of  the  district. 

•Second:  Find,  in  like  manner,  the  number  of  children  of  school  age  residing  in  the  territory  which 
is  to  be  cut  off,  and  which  does  not  retain  the  school  property. 

Third:  Find  the  amount  of  state  and  county  school  moneys  remaining  in  the  treasury  of  the  undi- 
vided district  at  the  time  the  division  is  made,  after  discharging  all  indebtedness  for  teachers'  wages. 

Fourth:  Multiply  the  residue  of  state  and  county  school  moneys  by  the  number  of  children  residing 
in  the  territory  which  is  to  be  cut  off.  That  product  divided  by  the  number  of  children  of  school  age 
residing  in  the  undivided  district,  gives  the  amount  of  state  and  county  school  moneys  due  to  the  ter- 
ritory which  is  to  be  cut  off. 

The  county  superintendent  of  public  instruction  should  make  the  division  of  school  property  at  the 
time  of  forming  a  new  school  district,  but  his  failure  to  do  so  at  that  time  does  not  impair  the  rights  of 
said  district.  Within  a  reasonable  time  after  the  organization  of  a  new  district,  aggrieved  parties  may 
demand  of  him  that  he  make  an  equitable  division  of  the  school  property  of  the  original  district. 
Should  he  neglect  or  refuse  to  grant  their  request,  they  may,  by  mandamus,  compel  him  to  do  so.  If  an 
unfair  division  is  made  by  the  county  superintendent,  either  party  has  a  right  to  appeal  to  the  court* 
and  have  the  matter  adjudicated.  If  after  the  division  has  been  made,  the  officers  of  the  district  retain- 
ing the  school  house  or  other  property  shall  neglect  or  refuse  to  levy  the  tax  mentioned  in  this  section, 
they  can  be  compelled  by  mandamus  to  make  the  levy. 

When  a  new  district  has  been  formed,  and  the  county  superintendent  has  determined  the  amount 
due  the  new  district  from  the  old,  the  district  retaining  the  school  house  cannot  issue  bonds  with  which 
e  sum  due,  but  must  levy  a  tax  as  is  provided  for  in  this  section. 

SBC.  31.  See  note  on  section  29. 


SCHOOL    LAWS   OF    KANSAS.  19 

notice  of  such  special  meeting,  stating  the  purpose  for  which  it  is  called, 
shall  be  posted  in  at  least  three  public  places  within  the  district  ten  days 
previous  to  the  time  of  such  meeting. 

Special  Meeting.— SEC.  33.  [  Laws  1876,  Ch.  122,  Art.  3,  Sec.  7.  J 
Whenever  the  time  for  holding  an  annual  meeting  in  any  district  shall 
pass  without  said  meeting  being  held,  the  clerk,  or,  in  his  absence,  any 
other  member  of  the  district  board,  within  twenty  days  after  the  time 
for  holding  said  annual  meeting  shall  have  passed,  may  give  notice  of  a 
special  meeting  by  putting  up  written  notices  thereof  in  three  public 
places  within  the  district,  at  least  five  days  previous  to  the  time  of  meet- 
ing; but  if  such  meeting  shall  not  be  notified  within  twenty  days  as 
aforesaid,  the  county  superintendent  may  give  notice  of  such  meeting  in 
the  manner  provided  for  forming  new  districts ;  and  the  officers  chosen 
at  such  special  meeting  shall  hold  their  offices  until  the  next  annual 
meeting,  and  until  their  successors  are  elected  and  qualified. 

Notice  Of  Meetings.— SEC.  34.  [Laws  1876,  Ch.  122,  Art.  3, Sec.  8.] 
It  shall  be  the  duty  of  tlie  clerk  to  give  at  least  ten  days'  notice  previous 
to  any  annual  or  special  district  meeting,  by  posting  up  notices  thereof 
at  three  or  more  public  places  in  the  district,  one  of  which  notices  shall 
be  affixed  to  the  outer  door  of  the  school  house,  if  there  be  one  in  the 
district,  and  said  clerk  shall  give  the  like  notice  of  every  adjourned 
meeting,  when  such  meeting  shall  have  been  adjourned  for  a  longer 
period  than  one  month.  Every  notice  for  a  special  district  meeting 
shall  specify  the  objects  for  which  such  meeting  is  called,  and  no  business 
shall  be  acted  upon  at  any  special  meeting  not  specified  in  said  notice. 

Qualified  Voters.— SEC.  35.  [Laws  1876,  Ch.  122,  Art.  3,  Sec.  9.] 
The  following  persons  shall  be  entitled  to  vote  at  any  district  meeting : 

First — All  persons  possessing  the  qualifications  of  electors  as  defined 
by  the  constitution  of  the  state,  and  who  shall  be  residents  of  the  district 
at  the  time  of  offering  to  vote  at  said  election. 

Second — All  female  persons  over  the  age  of  twenty-one  years,  not 
subject  to  the  disqualifications  named  in  section  second,  article  fifth,  of 
the  constitution  of  the  state,  and  who  shall  be  residents  of  the  district 
at  the  time  of  offering  to  vote. 

Challenge.— SEC.  36.  [Laws  1876,  Ch.  122,  Art.  3,  Sec.  10.]  If  any 
person  offering  to  vote  at  a  school-district  meeting  shall  be  challenged  as 
unqualified  by  any  legal  voter,  the  chairman  presiding  shall  declare  to 

SEC.  32.  This  section  fixes  the  time  and  place  of  holding  the  annual  meeting  of  the  school  district. 
While  it  is  the  duty  of  the  district  clerk  to  post  the  notices  of  the  meeting  provided  for  in  the  section,  a 
failure  to  do  so  will  not  invalidate  the  proceedings  had,  should  the  voters  convene  at  the  proper  tiire  and 
place,  and  transact  the  business  mentioned  in  sections  37  and  38  of  this  article.  However,  should  the 
district  clerk,  for  any  reason,  fail  to  post  the  notices  at  the  proper  time,  he  should  do  so  as  soon  there- 
after as  possible  before  the  second  Thursday  of  August. 


2Q  SCHOOL   LAWS   OF   KANSAS. 

the  person  challenged  the  qualifications  of  a  voter,  and  if  such  challenge 
be  not  withdrawn,  the  chairman,  who  is  hereby  authorized,  shall  tender 
to  the  person  offering  to  vote  the  following  oath  or  affirmation:  You 
do  solemnly  swear  (or  affirm)  that  you  are  an  actual  resident  of^this 
school  district,  and  that  you  are  qualified  by  law  to  vote  at  this  meeting. 
Any  person  taking  such  oath  or  affirmation  shall  be  entitled  to  vote  on 
all  questions  voted  upon  at  such  meeting. 

Powers  of  District  Meetings.-SEC.  37.  [Laws  1876,  Ch.  122, 
Art.  3,  Sec.  11.]  The  inhabitants  qualified  to  vote  at  a  school  meeting, 
lawfully  assembled,  shall  have  power: 

first— To  appoint  a  chairman  to  preside  over  said  meeting  in  the 
absence  of  the  director. 

Second— To  adjourn  from  time  to  time. 

Third— To  choose  a  director,  clerk,  and  treasurer,  who  shall  possess 
the  qualifications  of  voters. 

Fourth— To  designate,  by  vote,  a  site  for  the  district  school  house. 
Fifth— To  vote  a  tax  annually,  not  exceeding  one  per  cent,  on  the 
taxable  property  in  the  district,  as  the  meeting  shall  deem  sufficient,  to 
purchase  or  lease  a  site:  Provided,  When  not  included  within  the  limits 
of  a  town  or  village,  said  site  shall  not  contain  less  than  one  acre  ;  and 
to  build,  hire  or  purchase  such  school  house,  and  to  keep  in  repair  and 
furnish  the  same  with  the  necessary  fuel  and  appendages. 

Sixth — To  vote  a  direct  tax  annually,  not  exceeding  one  per  cent,  of 
the  taxable  property  in  the  district,  for  the  pay  of  teachers'  wages  in  the 
district. 

Seventh — To  authorize  and  direct  the  sale  of  any  school-house  site,  or 
other  property  belonging  to  the  district,  when  the  same  shall  no  longer 
be  needful  for  the  use  of  the  district. 

Eighth — To  give  such  direction  and  make  such  provisions  as  may  be 
deemed  necessary  in  relation  to  the  prosecution  or  defense  of  any  suit  or 
proceeding  in  which  the  district  may  be  a  party. 

School  Term,— SEC.  38.  [Laws  1876,  Ch.  122,  Art.  3,  Sec.  12.] 
The  qualified  voters  at  each  annual  meeting,  or  any  special  meeting  duly 
called,  may  determine  the  length  of  time  a  school  shall  be  taught  in 
their  district  for  the  then  ensuing  year,  which  shall  not  be  less  than 
three  months,  and  whether  such  school  shall  be  taught  by  a  male  or  fe- 
male teacher,  or  both,  and  whether  the  school  money  to  which  the  dis- 
trict may  be  entitled  shall  be  applied  to  the  support  of  the  summer  or 
winter  term  of  the  school,  or  a  certain  portion  to  each ;  but  if  such  mat- 

SEC.  37.  A  tax  may  also  be  levied  for  the  purpose  of  purchasing  a  district  library.  See  Article  VIII, 
section  113. 

SEC.  38.  The  electors,  at  the  annual  or  a  special  meeting,  have  no  power  to  determine  who  shall  or 
shall  not  be  employed  as  teacher,  or  the  compensation  such  teacher  shall  receive.  These  are  questions 
to  be  determined  by  the  district  board. 


SCHOOL    LAWS   OF   KANSAS. 


21 


ters  shall  not  be  determined  at  the  annual  or  any  special  meeting,  it  shall 
be  the  duty  of  the  district  board  to  determine  the  same. 

Change  of  Site.— SEC.  39.  [Laws  1874,  Ch.  122,  Sec.  1.]  That  [in] 
school  districts  having  school  houses  the  value  of  which  is  not  less  than 
four  hundred  dollars,  the  school-house  site  shall  not  be  changed  except 
by  a  vote  of  at  least  two-thirds  of  the  legal  voters  of  the  district  in- 
favor  of  such  change. 

Appraisement.— SEC.  40.  [Laws  1874,  Ch.  122,  Sec.  2.]  The  value 
of  school  houses  in  districts  desiring  to  change  the  school  site  shall  be 
determined  by  three  appraisers,  who  shall  be  freeholders,  chosen  at  a 
district  meeting  by  the  qualified  electors  of  the  district. 

Site  Condemned,— SEC.  41.  [Laws  1874,  Ch.  122,  Sec.  3.]  In  case 
any  school  district  cannot  otherwise  obtain  title  to  the  site  selected  by 
such  school  district,  it  shall  be  the  duty  of  the  probate  judge  of  the 
county  in  which  such  school-house  site  is  located  to  appoint  three  disin- 
terested freeholders  to  appraise  and  condemn  such  site — not  to  exceed 
one  acre;  and  such  appraisers  shall  proceed  to  assess  and  condemn  such 
site,  and  upon  payment  by  said  district  board  of  such  appraisement  the 
title  to  such  site  shall  vest  in  said  district:  Provided,  That  such  district 
board  or  the  owner  of  the  land  so  condemned  shall  be  entitled  to  an 
appeal  from  such  appraisement  in  such  manner  and  upon  such  conditions 
as  appeals  are  made  from  decisions  of  justices  of  the  peace. 


AKTICLE  IV.— DISTRICT  OFFICERS. 


§42.  Officers;  term  of  office. 

43.  Official  oath. 

44.  Forfeiture  of  office;  vacancy,  how  filled. 

45.  Duty  of  director. 

46.  Duty  of  district  clerk. 

47.  Clerk  shall  be  cx-officio  clerk  of  all  district 

meetings. 

48.  Shall  draw  orders  on  the  district  treasurer. 

49.  Clerk's  annual  report ;  to  whom  made,  when 

and  how. 

50.  Shall  report  to  each  county  superintendent; 

joint  district. 

51.  Penalty  for  false  report. 

52.  District  clerk  shall  report  to  county  clerk  a 

list  of  resident  tax-payers. 

53.  Fine  for  failure  to  report  district  tax  to  county 

clerk. 

54.  Shall  report  to  county  superintendent,  what. 

55.  District  and  city  clerks,  and  clerks  of  boards 

of  education,  shall  report  bonded  indebted- 
ness to  county  clerk. 

56.  Fine  for  not  delivering  records  to  successor. 

57.  District  treasurer  shall  execute  bond. 

58.  Shall  pay  school  moneys,  on  whose  order. 

59.  Shall  receive  school  moneys  from  county  treas- 

urer, on  whose  order. 

60.  District  taxes  voted  but  not  levied  in  any  year 

shall  be  collected  with  taxes  of  the  year  fol- 


§61.  District  treasurer  shall   keep  account,  etc.; 
shall  report  in  writing  at  annual  meeting. 

62.  Procedure,  if  he  does  not  pay  over  moneys  to 

his  successor. 

63.  Powers  and  duties  of  school-district  board ; 

shall  execute  all  lawful  orders  of  district. 

64.  Shall  have  care  of  property  of  district. 

65.  May  admit  non-resident  pupils,  when. 

66.  Shall  hire  qualified  teachers;    may  dismiss 

teachers  for  cause. 

67.  Shall  provide  necessary  appendages,  when. 

68.  May  suspend  a  pupil  for  cause ;  appeal. 

69.  Shall  furnish  teacher  with  daily  register;  shall 

visit  schools. 

70.  Shall  require  uniformity  of  text-books. 

71.  Penalty. 

72.  Disposition  of  fines. 

73.  Shall  cause  district  clerk  to  certify  to  county 

clerk  the  percentage  of  district  taxes,  when- 

74.  Judgments,  how  obtained;  the  board  liable, 

when. 

75.  The  board  may  remove  school  house  or  other 

improvement,  when  ;  probate  judge  may  ap- 
point appraisers  to  condemn  site,  etc. 

76.  May  open  school  house  for  the  use  of  religious, 

political,  literary,  scientific,  mechanical,  or 
agricultural  societies. 


22  SCHOOL   LAWS   OF   KANSAS. 

Officers;  Term.— SECTION  42.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  1.] 
The  officers  of  each  school  district  shall  be  a  director,  clerk,  and  treas- 
urer, who  shall  constitute  the  district  board,  and  who  shall  be  elected 
and  hold  their  respective  offices  as  follows :  At  the  annual  meeting  in 
eighteen  hundred  and  seventy-four  there  shall  be  elected  a  director  who 
shall  hold  his  office  for  three  years,  arid  a  clerk  who  shall  hold  his  office 
for  two  years,  and  a  treasurer  who  shall  hold  his  office  for  one  year; 
and  thereafter  at  each  annual  meeting  there  shall  be  elected  one  member 
of  said  board  in  place  of  the  outgoing  member,  who  shall  hold  his  office 
for  three  years  and  until  his  successor  shall  be  elected  and  qualified. 

Official  Oath.— SEC.  43.    [Laws  1876,  Ch.  122,  Art.  4,  Sec.  2 
School-district  officers,  before  entering  upon  their  official  duties,  shall 
take  an  oath  to  faithfully  perform  said  duties;  and  the  chairman  of  any 
regular  or  special  meeting  is  hereby  authorized  and  empowered  to  ad- 
minister such  oath. 

Office  Forfeited— SEC.  44.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  2.] 
Every  person  duly  elected  to  the  office  of  director,  clerk  or  treasurer  of 
any  school  district,  who  shall  refuse  or  neglect,  without  sufficient  cause, 
to  qualify  within  twenty  days  after  his  election  or  appointment,  or  who 
having  entered  upon  the  duties  of  his  office,  shall  neglect  or  refuse  to 
perform  any  duty  required  of  him  by  the  provisions  of  this  act,  shall 
thereby  forfeit  his  right  to  the  office  to  which  he  was  elected  or  appointed, 
and  the  county  superintendent  shall  thereupon  appoint  a  suitable  person 
in  his  stead. 

Director.— SEC.  45.  [Laws  1876,  Ch.  122,  Art. 4,  Sec. 4.]  The  director 
of  each  district  shall  preside  at  all  district  meetings,  and  shall  sign  all 
orders  drawn  by  the  clerk,  authorized  by  a  district  meeting  or  by  the 
district  board,  upon  the  treasurer  of  the  district,  for  moneys  collected  or 
received  by  him  to  be  disbursed  therein.  He  shall  appear  for  and  in 
behalf  of  the  district,  in  all  suits  brought  by  or  against  the  district, 
unless  other  direction  shall  be  given  by  the  voters  of  such  district,  at  a 
district  meeting. 

Clerk.— SEC.  46.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  5.]  The  clerk  of 
each  district  shall  record  the  proceedings  of  his  district  in  a  book  pro- 

SKC.  42.  The  officers  of  a  school  district  constitute  the  board  of  directors  in  such  a  sense  as  to  be 
able  to  transact  the  school  business  of  the  district  only  when  in  session  as  a  district  board.  As  the  law  is 
silent  as  to  how,  when  and  where  the  district  board  shall  be  convened,  each  board  should  adopt  a  set  of 
rules  for  its  own  government. 

Under  the  provisions  of  this  section,  a  treasurer  should  be  elected  at  the  annual  meeting  in  Au- 
gust, 1881. 

SKC.  43.  A  district  officer  can  qualify  before  the  chairman  of  a  district  meeting,  the  county  super- 
tendent,  or  any  one  authorized  by  law  to  administer  oaths,  as  a  justice  of  the  peace,  or  notary. 

SEC.  44.  A  county  superintendent  cannot  remove  a  district  officer.  Such  removal  can  be  made  only 
by  an  action  brought  in  court.  The  vacancy  being  declared,  the  county  superintendent  shall  appoint. 
No  petition  is  required. 


SCHOOL   LAWS   OF   KANSAS.  23 

vided  by  the  district  for  that  purpose,  and  enter  therein  copies  of  all 
reports  made  by  him  to  the  county  superintendent ;  and  he  shall  keep 
and  preserve  all  records,  books  and  papers  belonging  to  his  office,  and 
deliver  the  same  to  his  successor  in  office. 

Clerk  of  the  Board.— SEC.  47.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  6.] 
The  said  clerk  shall  be  clerk  of  the  district  board  and  of  all  district 
meetings,  when  present;  but  if  such  clerk  shall  not  be  present  at  any 
district  meeting,  the  voters  present  may  appoint  a  clerk  of  such  meet- 
ing, who  shall  certify  the  proceedings  thereof,  and  the  same  shall  be 
recorded  by  the  clerk  of  the  district. 

Draw  Orders.— SEC.  48.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  7.]  The 
clerk  of  the  district  shall  draw  orders  on  the  treasurer  of  the  district 
for  moneys  in  the  hands  of  such  treasurer  which  have  been  apportioned 
to  or  raised  by  the  district,  to  be  applied  to  the  payment  of  teachers' 
wages,  and  apply  such  money  to  the  payment  of  the  wages  of  such 
teachers  as  shall  have  been  employed  by  the  district  board ;  and  said 
clerk  shall  draw  orders  on  the  said  treasurer  for  moneys  in  the  hands 
of  such  treasurer  to  be  disbursed  for  any  other  purpose  ordered  by  a 
district  meeting  or  by  the  district  board,  agreeably  to  the  provisions  of 
this  act. 

Annual  Report.— SEC.  49.  [Laws  18 76,  Ch.  122,  Art.  4,  Sec.  8.]  The 
clerk  of  each  district  shall,  at  least  five  days  previous  to  the  time  of  the 
annual  meeting  in.  August  in  each  year,  make  a  written  report,  which  he 
shall  submit  and  read  to  the  legal  voters  of  the  district  at  the  annual 
meeting,  for  their  information  and  consideration.  If  any  change  or  alter- 
ation therein  be  necessary,  the  same  shall  be  made,  and  it  shall  then  be 
transmitted  to  the  county  superintendent  of  public  instruction.  Said 
report  shall  show:  First,  the  number  of  children,  male  or  female,  desig- 
nated separately,  residing  in  the  district  or  part  of  district  on  the  last 
day  of  July  previous  to  the  date  of  such  report,  over  the  age  of  five  and 
under  the  age  of  twenty-one  years;  second,  the  number  of  children  at- 
tending school  during  the  year,  their  sex,  and  branches  studied;  third, 
the  length  of  time  a  school  has  been  taught  in  the  district  by  a  qualified 
teacher,  the  name  of  the  teacher,  the  length  of  time  taught,  and  wages 
paid ;  fourth,  the  amount  of  money  received  from  the  county  treasurer, 
arising  from  disbursement  of  the  state  annual  school  fund,  the  amount 
received  from  district  taxes,  and  the  amount  received  from  all  other 
sources  during  the  year,  and  the  manner  in  which  the  same  has  been  ex- 

SEC.  47.  In  transacting  the  school  business  of  the  district,  the  members  of  the  board  should  meet  as 
a  district  board,  the  clerk  making  a  complete  record  of  all  proceedings. 

SEC.  48.  Should  the  director  or  other  member  of  the  board  refuse  to  sign  a  legal  order,  payable  to 
any  party  legally  entitled  to  receive  it,  such  officer  may  be  compelled,  by  writ  of  mandamus,  to  sign. 


24  SCHOOL   LAWS   OF   KANSAS. 

pended ;  fifth,  the  amount  of  money  raised  by  the^district  in  such  year, 
and  the'purposes  for  which  it  was  raised;  sixth,  the  kind  of  books  used 
in  the  school,  and  such  other  facts  and  statistics  in  regard  to  the  district 
school  as  the  county  superintendent  may  require. 

Joint  District —SEC.  50.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  9.] 
Whenever  a  school  district  shall  lie  partly  in  two  or  more  counties,  the 
clerk  of  such  district,  in  making  his  annual  report,  shall  carefully  des- 
ignate the  number  of  children  resident  in  the  parts  of  the  counties  com- 
posing the  district,  and  shall  report  to  the  county  superintendent  of 
public  instruction  of  each  of  the  counties  in  which  such  district  may  be 
partly  situated. 

Penalty.— SEC.  51.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  10.]  Every 
clerk  of  a  district  who  shall  willfully  sign  a  false  report  to  the  county 
superintendent  of  his  county  shall  be  deemed  guilty  of  a  misdemeanor, 
and  punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  by  im- 
prisonment not  exceeding  three  months. 

Report  to  County  Clerk.— SEC.  52.  [Laws  1876,  Ch.  122,  Art.  4, 
Sec.  11.]  It  shall  be  the  duty  of  the  several  district  clerks  in  this  state 
to  make  out  a  certified  list  of  all  persons  residing  within  their  respective 
districts  liable  to  pay  taxes,  and  transmit  the  same  to  the  county  clerks 
of  their  respective  counties  on  or  before  the  25th  day  of  August,  annu- 
ally, except  in  incorporated  cities. 

Failure  to  Report.— SEC.  53.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  12.] 
Any  district  clerk  who  shall  fail  to  report  the  tax  voted  by  his  district 
to  the  county  clerk,  as  is  provided  by  law,  shall  be  liable  to  a  fine  of 
not  less  than  fifty  dollars;  and  it  is  hereby  made  the  duty  of  the  county 
superintendent  to  have  the  provisions  of  this  act  enforced. 

Other  Reports.— SEC.  54.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  13.] 
The  district  clerk  shall  report  to  the  county  superintendent,  in  writing, 
the  names  and  post-office  address  of  the  district  officers  elect,  within  two 
weeks  after  the  said  officers  shall  have  been  elected  or  appointed  and 
qualified.  The  clerk  shall  also  report  to  the  county  superintendent  the 
time  of  the  commencement  of  each  term  of  school,  within  two  weeks 
from  the  commencement  of  such  term. 

Report  of  Indebtedness.— SEC.  55.  [Laws  1877,  Ch.  90,  Sec.  1.] 
That  in  addition  to  the  duties  now  required  by  law  of  the  following  offi- 
cers, to  wit,  township  clerks,  and  clerks  of  incorporated  cities,  school- 
district  clerks,  and  clerks  of  boards  of  education,  they  shall  each  of  them 
make  and  transmit  to  the  clerk  of  their  respective  counties,  on  or  before 
the  5th  day  of  July  in  each  year,  a  complete  certified  statement  of  the 
floating  and  bonded  indebtedness,  with  date  of  issuing  and  of  maturing 


SCHOOL   LAWS   OF   KANSAS.  25 

of  outstanding  bonds,  amount  of  sinking  fund,  if  any,  for  redeeming 
the  same,  and  such  other  information  as  may  be  required  by  the  county 
clerks  concerning  the  financial  condition  of  their  respective  townships, 
cities  or  districts;  and  when  no  outstanding  indebtedness  exists,  such 
fact  shall  be  reported. 

Records.— SEC.  56.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  20.]  Every 
school-district  clerk  or  treasurer  who  shall  neglect  or  refuse  to  deliver 
to  his  successor  in  office  all  records,  books  and  papers  belonging  to  his 
office,  shall  be  subject  to  a  fine  not  exceeding  fifty  dollars. 

Treasurer;  Bond.— SEC.  57.  [Laws  1879,  Ch.  156,  Sec.  1.]  The 
treasurer  shall  execute  to  the  district  a  bond  in  double  the  amount,  as 
near  as  can  be  ascertained,  to  come  into  his  hands  as  treasurer  during 
the  year,  with  sufficient  securities,  to  be  approved  by  the  director  and 
clerk,  conditioned  to  the  faithful  discharge  of  the  duties  of  said  office. 
Such  bond  shall  be  justified  by  the  affidavit  of  the  principal  and  his 
sureties:  Provided,  That  the  director  of  the  district  or  the  county  super- 
intendent of  public  instruction  shall  be  authorized  to  administer  the 
oaths  in  the  justification  of  the  treasurer  and  his  sureties.  And  said 
bond  shall  be  filed  with  the  district  clerk,  and  in  case  of  the  breach  of 
any  condition  thereof,  the  director  shall  cause  a  suit  to  be  commenced 
thereon,  in  the  name  of  the  district,  and  the  money  collected  shall  be 
applied  by  such  director  to  the  use  of  the  district,  as  the  same  should 
have  been  applied  by  the  treasurer ;  and  if  such  director  shall  neglect  or 
refuse  to  prosecute,  then  any  householder  in  the  district  may  cause  such 
prosecution  to  be  instituted. 

Duties.— SEC.  58.  [  Laws  1876,  Ch.  122,  Art.  4,  Sec.  15.]  The  treas- 
urer of  each  district  shall  pay  out,  on  the  order  of  the  clerk,  signed  by 
the  director  of  the  district,  all  public  moneys  which  shall  come  into  his 
hands  for  the  use  of  the  district. 

Receive  School  Moneys.— SEC. 59.  [Laws  1876,  Ch.  122,  Art.  4, 
Sec.  16.]  The  county  treasurer  shall  pay  to  each  district  treasurer  in  the 
county  all  school  moneys  in  the  county  treasury  belonging  to  the  district, 
upon  the  order  of  the  director  and  clerk  of  the  district:  Provided,  That 
said  order  shall  be  accompanied  by  a  certificate  from  the  district  clerk 
stating  that  the  treasurer  of  the  district  has  executed  and  filed  his  bond 
as  required  by  law. 

District  Taxes.— SEC.  60.  [Laws  1876,  Ch,  122,  Art.  4,  Sec.  17.] 
Where  a  school-district  tax  has  been  voted,  and  from  the  fault  or  negli- 
gence of  any  officer  or  any  other  cause  has  not  been  levied  and  collected 

SEC.  57.  It  is  not  proper  for  either  the  director  or  the  clerk  to  become  surety  for  the  treasurer.  The 
bond  should  be  executed  before  the  treasurer  is  sworn.  The  bond  becoming  insufficient  from  any  cause, 
the  director  and  clerk  may  require  the  bond  to  be  made  good. 


26  SCHOOL   LAWS    OF   KANSAS. 

in  any  year,  the  same  shall  be  added  to  and  collected  with  the  taxes  of 
the  year  following;  and  the  county  treasurer  shall  pay  over  to  the  treas- 
urers of  the  respective  school  districts  all  taxes  he  may  have  collected 
for  the  said  districts,  on  the  order  of  the  district  clerk,  countersigned 
by  the  director,  subject  to  the  proviso  contained  in  section  fifty-two 
[sec.  57,  art.  4]  of  this  act. 

Records  and  Reports.— SEC.  61.  [Laws  1876,  Ch.  122,  Art.  4, 
Sec.  18.]  The  treasurer  shall  keep  a  book  in  which  he  shall  enter  all  the 
moneys  received  and  disbursed  by  him,  specifying  particularly  the  sources 
from  which  money  has  been  received,  and  the  person  or  persons  to  whom 
and  the  objects  for  which  the  same  has  been  paid  out.  He  shall  present 
to  the  district  at  each  annual  meeting  a  report  in  writing,  containing  a 
statement  of  all  moneys  received  by  him  from  the  county  treasurer  dur- 
ing the  year;  also  all  moneys  collected  by  him  during  the  year  from 
assessments  in  the  district,  and  of  the  disbursements  made  by  him,  with 
the  items  of  such  disbursements,  and  exhibit  the  vouchers  therefor,  which 
report  shall  be  recorded  by  the  district  clerk;  and  at  the  close  of  his 
term  of  office  shall  settle  with  the  district  board,  and  shall  hand  over  to 
his  successor  said  book,  and  all  receipts,  vouchers,  orders  and  papers 
coming  into  his  hands  as  treasurer  of  the  district,  together  with  all  the 
moneys  remaining  in  his  hands  as  such  treasurer. 

Prosecution.— SEC.  62.  [Laws  1876,  Ch.  122,  Art.  4, Sec.  19.]  If 
any  district  treasurer  shall  refuse  or  neglect  to  pay  over  any  money  in 
his  hands  belonging  to  the  district,  it  shall  be  the  duty  of  his  successor 
in  office  to  prosecute,  without  delay,  the  official  bond  of  such  treasurer 
for  the  recovery  of  such  money. 

School  House.— SEC.  63.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  21.] 
The  district  board  shall  purchase  or  lease  such  a  site  for  a  school  house 
as  shall  have  been  designated  by  the  voters  at  a  district  meeting,  in  the 
corporate  name  thereof,  and  shall  build,  hire  or  purchase  such  school 
house  as  the  voters  of  the  district  in  a  district  meeting  shall  have  agreed 
upon,  out  of  the  funds  provided  for  that  purpose,  and  make  sale  of  any 
school-house  site  or  other  property  of  the  district,  and  if  necessary,  exe- 
cute a  conveyance  of  the  same  in  the  name  of  their  office,  when  lawfully 
directed  by  the  voters  of  such  district  at  any  regular  or  special  meeting, 
and  shall  carry  into  effect  all  lawful  orders  of  the  district. 

School  Property.— SEC.  64.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  22.] 
The  district  board  shall  have  the  care  and  keeping  of  the  school  house, 
and  other  property  belonging  to  the  district.  They  shall  have  power  to 
make  such  rules  and  regulations  relating  to  the  district  library  as  they 
may  deem  proper,  and  to  appoint  some  suitable  person  to  act  as  libra- 
rian, and  to  take  charge  of  the  school  apparatus  belonging  to  the  district. 


SCHOOL   LAWS   OF   KANSAS.  27 

Non-resident  Pupils.— SEC.  65.  [Laws  1876,  Ch.  122,  Art.  4,  Sec. 
23.]  The  district  board  shall  have  power  to  admit  scholars  from  adjoin- 
ing districts. 

Teachers.— SEC.  66.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  24.]  The 
district  board  in  each  district  shall  contract  with  and  hire  qualified 
teachers  for  and  in  the  name  of  the  district,  which  contract  shall  be  in 
writing,  and  shall  specify  the  wages  per  week  or  month  as  agreed  upon 
by  the  parties,  and  such  contract  shall  be  filed  in  the  district  clerk's 
office;  and,  in  conjunction  with  the  county  superintendent,  may  dismiss 
for  incompetency,  cruelty,  negligence,  or  immorality. 

Necessary  Appendages.— SEC.  67.  [Laws  1876,  Ch.  122,  Art.  4, 
Sec.  25.]  The  district  board  shall  provide  the  necessary  appendages  for 
the  school  house  during  the  time  a  school  is  taught  therein,  and  shall 
keep  an  accurate  account  of  all  expenses  thus  incurred,  and  present  the 
same  for  allowance  at  any  regular  district  meeting. 

Suspend  Pupil;  Appeal.— SEC.  68.  [Laws  1876,  Ch.  122,  Art.  4, 
Sec.  26.]  The  district  board  may  suspend,  or  authorize  the  director  to 
suspend,  from  the  privileges  of  a  school,  any  pupil  guilty  of  immorality 
or  persistent  violation  of  the  regulations  of  the  school,  which  suspension 
shall  not  extend  beyond  the  current  quarter  of  the  school :  Provided, 
That  the  pupil  suspended  shall  have  the  right  to  appeal  from  the  de- 
cision of  said  board  of  directors  to  the  county  superintendent,  who  shall, 
upon  a  full  investigation  of  the  charges  preferred  against  said  pupil,  de- 
termine as  to  his  guilt  or  innocence  of  the  offense  charged,  whose  decision 
shall  be  final. 

School  Duties —SEC.  69.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  27.] 
The  district  board  shall  furnish  each  teacher  with  a  suitable  daily  regis- 
ter, and  shall  visit  together,  or  by  one  or  two  of  their  number,  all  the 
schools  of  their  district,  at  least  once  a  term,  and  at  such  other  periods 
during  the  term  as  in  their  opinion  the  exigencies  of  each  school  may 
require;  at  which  visits  they  shall  examine  the  register  of  the  teacher 
and  see  that  it  is  properly  kept,  and  inquire  into  other  matters  touching 

SEC.  66.  (a)  In  view  of  this  section,  read  in  connection  with  section  94,  which  makes  it  the  duty  of 
the  county  board  of  examiners  to  examine  all  persons  proposing  to  teach  in  the  common  schools  of  the 
county,  it  is  held  (1)  that  a  "qualified"  teacher  is  one  holding  a  legal  certificate  in  force  at  the  time  of 
opening  school,  and  (2)  that  a  school  taught  by  a  person  not  holding  such  certificate  is  not,  within  the 
meaning  of  the  law,  a  "common  school."  As  the  "qualification"  of  a  teacher  begins  at  the  date  of  is- 
sue, and  ends  at  the  date  of  expiration,  of  the  certificate  which  confers  the  qualification,  it  is  the  duty 
of  the  district  board  to  see  to  it  that  a  teacher  in  their  employ,  whose  certificate  expires  during  school 
term,  shall,  at  the  risk  of  dismissal  upon  the  expiration  of  said  carticate,  preserve  the  status  of  a  "qual- 
ified" teacher  in  the  only  way  allowable  by  law,  i.  e.,  by  procuring,  in  season,  a  new  certificate  by  "pat- 
sing  "  at  a  public  examination  lawfully  held. 

(6)  The  district  board  cannot  legally  contract  with  or  hire  a  qualified  teacher  who  is  a  member  of 
the  board.  A  contract  made  by  a  district  board  with  one  of  their  own  number,  being  contrary  to  pub- 
lic policy,  is  held  to  be  null  and  void. 

c)  A  district  board  cannot  dismiss  a  teacher  without  the  concurrence  of  the  county  superintendent. 


28  SCHOOL   LAWS   OF   KANSAS. 

the  school  house,  facilities  for  ventilation,  furniture,  apparatus,  library, 
studies,  discipline,  modes  of  teaching,  and  improvement  of  the  school; 
shall  confer  with  the  teacher  in  regard  to  condition  and  management, 
and  make  such  suggestions  as  in  their  view  would  promote  the  interest 
and  efficiency  of  the  school,  and  the  progress  and  good  order  of  the 
pupils.  The  date  and  results  of  such  visits  shall  be  entered  by  the 
clerk  of  the  board  on  their  minutes. 

Uniformity  of  Text-Books.— SEC.  70.  [Laws  1879,  Ch.  157,  Sec. 
1.]  The  district  board,  each  board  of  education,  and  each  and  every 
school-district  board,  shall  require  a  uniform  series  of  text-books  to  be 
used  in  each  separate  branch  of  study  in  each  school;  but  each  board 
shall  determine  for  itself,  within  six  months  from  the  passage  of  this  act, 
the  particular  series  of  text-books  which  shall  be  used,  and  when  such 
selection  of  text-books  shall  hereafter  be  adopted  and  introduced  in  pur- 
suance of  the  provisions  of  this  act  by  said  boards,  no  change  shall  be 
made  for  a  period  of  five  years  from  the  date  of  such  introduction  of  any 
particular  series  of  text-books,  unless  four-fifths  of  the  legal  voters  of 
any  such  district  shall  petition  for  a  change  in  the  series  of  text-books 
adopted;  but  no  member  of  the  said  boards,  or  either  of  them,  nor  any 
teacher,  while  employed  as  such  teacher,  shall  act  as  agent  for  any  author, 
publisher  or  bookseller,  nor  shall  any  member  of  the  said  boards,  or 
either  or  any  one  of  them,  or  any  employed  teacher,  directly  or  indi- 
rectly receive  any  gift,  emolument  or  reward  for  his  or  her  influence  in 
recommending  or  introducing  any  book,  school  apparatus  or  furniture 
of  any  kind  whatever. 

Penalty —SEC.  71.  [Laws  1879,  Ch.  157,  Sec.  2.]  That  any  mem- 
ber of  any  school-district  board  or  board  of  education  who  shall  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  a  fine  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  not  less  than  six  months,  or  by  both  such  fine 
and  imprisonment;  and  any  teacher  who  shall  violate  any  of  the  provi- 
sions of  this  act  shall  be  liable  to  immediate  dismissal. 

Disposition  of  Fines.— SEC.  72.  [Laws  1879,  Ch.  157,  Sec.  3.] 
All  fines  collected  for  any  violation  of  this  act  shall  be  paid  to  the  treas- 
urer of  the  county  where  the  suit  is  brought,  for  the  support  of  common 
schools. 

Taxes.— SEC.  73.  [Laws  1876,  Ch.  122,  Art.  4,  Sec.  30.]  It  shall 
be  the  duty  of  the  school-district  boards  of  the  various  school  districts  in 
the  respective  counties  of  the  state  to  cause  to  be  certified  by  the  school- 
district  clerk  to  the  county  clerk  of  their  respective  counties,  on  or  be- 


SCHOOL   LAWS    OF   KANSAS.  29 

fore  the  25th  day  of  August,  annually,  the  aggregate  percentage  by  them 
levied  on  the  real  and  personal  property  in  each  district,  as  returned  on 
the  assessment  roll  of  the  county ;  and  the  county  clerk  is  hereby  author- 
ized and  required  to  place  the  same  on  the  tax  roll  of  said  county,  in  a 
separate  column  or  columns,  designating  the  purpose  for  which  such 
taxes  were  levied;  and  the  said  taxes  shall  be  collected  by  the  county 
treasurer  and  paid  over  to  the  treasurers  of  the  respective  school  districts 
in  the  county,  with  the  same  power  and  restrictions  and  under  the  same 
regulations,  and  in  all  respects,  as  to  the  sale  of  real  or  personal  property. 
He  shall  be  authorized,  and  he  is  hereby  required,  to  act  according  to 
the  provisions  and  requisitions  of  the  law  for  the  collection  of  the  taxes 
for  state  and  county  purposes. 

Judgments.— SEC.  74.  [Laws  1876,  Ch.122,  Art.  4,  Sec.  31.]  When- 
ever any  final  judgment  shall  be  obtained  against  any  school  district,  the 
district  board  shall  levy  a  tax  on  such  taxable  property  in  the  district  for 
the  payment  thereof.  Such  tax  shall  be  collected  as  other  school-district 
taxes,  but  no  execution  shall  issue  on  such  judgment  against  the  school 
district;  and  in  case  the  district  board  neglect  to  levy  a  tax  as  aforesaid, 
for  the  space  of  thirty  days  after  such  judgment  shall  become  final,  or 
in  case  the  proper  officer  shall  neglect  to  collect  the  tax  levied  within  the 
time  and  in  the  manner  provided  by  law,  then  the  judgment  creditor  of 
the  district  may  have  and  recover  a  judgment  against  the  officer  or  offi- 
cers so  in  default,  for  the  amount  due  him  on  such  judgment  against  the 
district,  with  costs,  upon  which  execution  shall  issue. 

Removal  of  School  Houses,  etc.— SEC.  75.  [Laws  1876,  Ch. 
122,  Art.  4,  Sec.  32.]  That  whenever  a  school  house  or  other  improve- 
ments have  been  made  upon  the  claim  of  any  settler  upon  any  of  the 
public,  Indian  or  railroad  lands  within  this  state,  to  which  the  said  set- 
tler had  no  title,  it  shall  be  lawful  for  the  school  directors  of  the  proper 
school  district  to  remove  the  said  school  house  or  other  improvements 
from  the  said  claim  at  any  time  within  one  year  from  the  time  that  the 
settler  in  any  given  case  may  acquire  a  title  to  his  said  claim :  Provided, 
That  if  the  said  settler,  in  any  given  case,  shall  convey  to  said  board  of 
school  directors  one  acre  of  the  land  upon  which  said  school  house  or 
other  improvements  are  situated,  the  same  shall  not  be  removed :  And 
provided  further,  That  if  any  school  house  shall  have  been  built  of  stone, 
brick  or  frame,  costing  not  less  than  five  hundred  dollars,  the  probate 
judge  of  the  county  shall  appoint  three  disinterested  persons,  who  shall 
appraise  and  condemn  one  acre  of  such  land  upon  which  said  improve- 
ments shall  have  been  located;  and  it  shall  be  the  duty  of  the  school 
directors  of  such  district  to  pay  to  the  owner  of  such  land  the  value  of 
such  land  as  found  by  said  appraisers. 

^  OF  TH^ 


30  SCHOOL   LAWS   OF   KANSAS. 

Use  of  School  House.— SEC.  76.  [Laws  1876,  Ch.  125,  Sec.  1.] 
The  district  board  shall  have  the  care  and  keeping  of  the  school  house 
and  other  property  belonging  to  the  district.  They  are  hereby  author- 
ized to  open  the  school  house  for  the  use  of  religious,  political,  literary, 
scientific,  mechanical  or  agricultural  societies  belonging  to  their  district, 
for  the  purpose  of  holding  the  business  of  public  meetings  of  said  socie- 
ties, under  such  regulations  as  the  school  board  may  adopt. 


AETICLE  V. — DISTRICT  SCHOOLS. 


g77.  Branches  taught  in  public  schools;  instruc- 
tion shall  be  given  in  the  English  branches. 

78.  School  month  defined. 

79.  District  schools  free  to  all  resident  children. 


§80.  Penalty  for  violation  of  this  article;  shall  not 
apply  to  officers  of  cities  of  first  and  second 
class. 
81.  Pupils  with  contagious  diseases  excluded,when. 


82.  When  a  tuition  fee  may  be  assessed. 

Branches  Taught.— SEC.  77.  [Laws  1877,  Ch.  170,  Sec.  1.]  That  in 
each  and  every  school  district  shall  be  taught  orthography,  reading, 
writing,  English  grammar,  geography  and  arithmetic,  and  such  other 
branches  as  may  be  determined  by  the  district  board :  Provided,  That 
the  instruction  given  in  the  several  branches  taught  shall  be  in  the 
English  language. 

School  Month.— SEC.  78.  [Laws  1876,  Ch.  122,  Art.  5,  Sec.  2.]  A 
school  month  shall  consist  of  four  weeks  of  five  days  each  of  six  hours 
per  day. 

Free  Schools.— SEC.  79.  [Laws  1876,  Ch.  122,  Art.  5,  Sec.  3.]  The 
district  schools  established  under  the  provisions  of  this  act  shall  at  all 
times  be  equally  free  and  accessible  to  all  the  children  resident  therein 
over  five  and  under  the  age  of  twenty- one  years,  subject  to  such  regula- 
tions as  the  district  board  in  each  may  prescribe. 

Penalty.— SEC.  80.  [Laws  1877,  Ch.  170,  Sec.  2.]  The  members  of 
any  district  board  willfully  violating  any  of  the  provisions  of  this  ar- 
ticle, or  refusing  the  admission  of  any  children  into  the  common  schools, 
shall  forfeit  to  the  county  the  sum  of  one  hundred  dollars  each  for  every 
month  so  offending  during  which  such  schools  are  taught ;  and  all  mon- 
eys forfeited  to  the  common-school  fund  of  the  county  under  this  act, 
shall  be  expended  by  the  county  superintendent  for  the  education  of 
such  children  in  the  school  district  thus  denied  equal  educational  advan- 
tages :  ^Provided,  That  any  member  of  said  board  who  shall  protest 
against  the  action  of  his  said  board  in  excluding  any  children  from 

SEC.  80.  The  words  "any  children,"  used  in  the  opening  sentence  and  in  the  proviso  of  this  section, 
must  obviously  mean  any  children  of  school  age  residing  in  the  district.  Section  65  authorizes  but  does 
not  require  the  district  board  to  admit  scholars  from  adjoining  districts. 


SCHOOL    LAWS   OF    KANSAS. 


31 


equal  educational  advantages,  or  in  violating  any  of  the  provisions  of 
this  article,  shall  not  be  subject  to  the  penalty  herein  named :  And  pro- 
vided further,  That  the  provisions  of  this  act  shall  not  apply  to  cities  of 
the  first  or  second  class. 

Contagious  Disease.— SEC.  81.  [Laws  1876,  Ch.  122,  Art.  5,  Sec.  5.] 
No  pupil  infected  with  any  contagious  disease  shall  be  allowed  to  attend 
any  common  school  or  remain  in  any  school  room  while  so  infected. 

Tuition  Fee.— SEC.  82.  [Laws  1876,  Ch.  122,  Art.  5,  Sec.  6.]  When- 
ever there  be  not  public  money  enough  belonging  to  any  school  district 
to  support  a  public  school  the  length  of  time  determined  at  the  annual 
meeting,  or  at  a  special  meeting  duly  called,  the  district  board,  to  meet 
said  deficiency,  may  assess  a  tuition  fee  upon  each  scholar  attending  said 
school,  the  assessment  to  be  proportioned  to  the  number  of  days  each 
pupil  has  been  in  actual  attendance  during  the  term :  Provided,  That  no 
tuition  fee  shall  be  levied  upon  the  scholars  in  any  of  the  public  schools 
of  this  state,  in  accordance  with  the  provisions  of  this  act,  unless  the 
entire  amount  of  one  per  cent,  for  teachers7  wages,  as  required  by  law, 
be  first  assessed  upon  the  taxable  property  of  said  school  district. 


ARTICLE  VI. — TEACHERS,  NORMAL  INSTITUTES,  AND  CERTIFICATES. 


§83.  Teachers  shall  keep  a  record  of  attendance, 
deportment  and  recitations;  report  to  dis- 
trict clerk. 

84.  Normal  institutes  to  be  held  annually. 

83.  Conductors  and  instructors;  certificate  of 
special  qualifications  required. 

86.  Normal  institute  fund,  how  raised  ;  each  can- 

didate for  a  teacher's  certificate  shail  pay  a 
fee  of  one  dollar. 

87.  County  treasurer,  custodian  of  fund. 

88.  County  superintendent  shall  transmit  funds 

to  county  treasurer. 

89.  State   superintendent   of   public   instruction 

shall  certify  to  state  auditor  the  number  of 
persons  enrolled  in  each  institute ;  auditor 
shall  issue  order  on  state  treasurer  for  fifty 
dollars. 

90.  Institute  fund,  how  disbursed. 

91.  County  superintendent  shall  execute  bond. 

Records  and  Reports.— SEC.  83.  [Laws  1876,  Ch.  122,  Art.  6, 
Sec.  1.]  It  shall  be  the  duty  of  the  teachers  of  every  district  school  or 
graded  school  to  keep,  in  a  register  for  this  purpose,  a  daily  record  of 
the  attendance  and  the  deportment  of  each  pupil,  and  of  the  recitation 
of  each  pupil  in  the  several  branches  pursued  in  said  school,  and,  to 
make  out  and  file  with  the  district  clerk,  at  £he  expiration  of  each  terra 
of  the  school,  a  full  report  of  the  whole  number  of  scholars  admitted  to 


§92.  Union  institutes,  how  formed;  custodian  of 
fund. 

93.  County  board  of  examiners,  how  constituted; 

qualifications  and  appointment  of  examin- 
ers. 

94.  Public  examinations ;  notice  of  same. 

95.  Grades  of  certificates. 

96.  First  grade,  to  whom  issued. 

97.  Second  grade,  to  whom  issued. 

98.  Third  grade,  to  whom  issued  ;  limitation  upon 

issue  of  same ;  standings  required  for  each 
grade. 

99.  County  certificates  of  force,  where;  may  be 

revoked,  for  what  causes. 

100.  State  board  of  education,  how  constituted ; 
may  issue  state  diplomas,  to  whom;  may 
issue  state  certificates,  to  whom ;  shall  meet 
where,  and  how  often. 


32  SCHOOL    LAWS   OF    KANSAS. 

school  during  such  term,  distinguishing  between  male  and  female,  the 
text-books  used,  the  branches  taught,  and  the  number  of  pupils  engaged 
in  the  study  of  said  branches,  and  any  other  information  the  district 
board  or  county  superintendent  may  require.  The  wages  of  a  teacher 
for  the  last  month  of  a  school  term  shall  not  be  paid  by  any  district 
board,  unless  said  teacher  shall  have  complied  with  the  requirements  of 
this  section. 

Normal  Institutes,— SEC. 84.  [Laws  1877,  Ch.  136,  Sec.  1.]  The 
county  superintendents  of- public  instruction  shall  hold  annually,  in  their 
respective  counties,  for  a  term  of  not  less  than  four  weeks,  a  normal  in- 
stitute for  the  instruction  of  teachers  and  those  desiring  to  teach :  Pro- 
vided, That  in  the  sparsely-settled  portions  of  the  state,  two  or  more 
counties  may  be  united  in  holding  one  normal  institute,  as  hereinafter 
provided. 

Conductor  and  Instructors.— SEC.  85.  [Laws  1877,  Ch.  136, 
Sec.  2.]  The  county  superintendent  of  public  instruction,  with  the  ad- 
vice and  consent  of  the  state  superintendent  of  public  instruction,  shall 
determine  the  time  and  place  of  holding  such  normal  institutes,  and 
shall  select  a  conductor  and  instructors  for  the  same :  Provided,  That  no 
person  shall  be  paid  from  the  institute  funds  for  services  as  conductor 
or  instructor  of  said  institutes  who  has  not  received  a  certificate  from  the 
state  board  of  examiners  as  to  his  special  qualifications  for  that  work. 

Normal-Institute  Fund.— SEC.  86.  [Laws  1877,  Ch.  136,  Sec.  3.] 
To  defray  the  expenses  of  said  institute,  the  county  superintendent  shall 
require  the  payment  of  a  fee  of  one  dollar  from  each  candidate  for  a 
teacher's  certificate,  and  the  payment  of  one  dollar  registration  fee  for 
each  person  attending  the  normal  institute;  and  the  board  of  county 
commissioners  may  appropriate,  as  may  by  them  be  deemed  necessary, 
for  the  further  support  of  such  institutes:  Provided,  Such  appropriation 
does  not,  in  any  one  year,  exceed  the  sum  of  one  hundred  dollars. 

Custodian.— Sec.  87.  [Laws  1877,  Ch.  136,  Sec.  4.]  The  fund  thus 
created  shall  be  designated  the  "normal-institute  fund,"  and  the  county 
treasurer  shall  be  the  custodian  of  the  said  fund. 

Monthly  Reports.— SEC.  88.  [Laws  1877,  Ch.  136,  Sec.  5.]  The 
county  superintendent  shall,  monthly,  and  at  the  close  of  each  institute, 
transmit  to  the  county  treasurer  all  moneys  received  by  him,  as  provided 
in  section  three,  together  with  the  name  of  each  person  so  contributing, 
and  the  amount ;  and  the  county  treasurer  shall  place  all  such  moneys 
to  the  credit  of  the  "normal-institute  fund." 

SEC.  86.  The  county  superintendent  must  require  the  payment  of  a  fee  of  one  dollar  from  each  can- 
didate for  a  teacher's  certificate.  This  fee  should  be  collected  in  advance,  and  it  cannot  be  returned  to 
the  unsuccessful  applicant. 


SCHOOL    LAWS   OF   KANSAS.  33 

State  Aid.— SEC.  89.  [Laws  1877,  Ch.  136,  Sec.  6.]  It  shall  be  the 
duty  of  the  state  superintendent  of  public  instruction,  annually,  when 
fifty  persons  have  registered  as  members  of  any  normal  institute  organ- 
ized under  the  provisions  of  this  act,  and  have  paid  the  required  regis- 
tration fee,  to  certify  the  same  to  the  auditor  of  state,  who  shall  forward 
to  the  county  treasurer  of  said  county  an  order  on  the  treasurer  of  the 
state  for  the  sum  of  fifty  dollars,  to  be  paid  out  of  any  money  appro- 
priated for  that  purpose;  which  amount  the  county  treasurer  shall  place 
to  the  credit  of  the  "  normal-institute  fund."  And  the  sum  of  three 
thousand  dollars,  or  so  much  thereof  as  may  be  required,  is  hereby  ap- 
propriated for  the  purposes  herein  named  for  the  fiscal  year  ending  June 
30,  1878,  and  the  same  amount  for  the  fiscal  year  ending  June  30,  1879. 

Disbursements.— SEC.  90.  [Laws  1877,  Ch.  136,  Sec.  7.]  All  dis- 
bursements of  the  "normal-institute  fund  "shall  be  upon  the  order  of 
the  county  superintendent,  and  no  orders  shall  be  drawn  on  said  fund 
except  for  claims,  approved  by  the  county  superintendent,  for  services 
rendered  or  expenses  incurred  in  connection  with  the  normal  institutes. 

Bond. — SEC.  91.  [Laws  1877,  Ch.  136,  Sec.  8.]  Each  county  superin- 
tendent of  public  instruction  shall,  immediately  after  the  passage  of 
this  act,  and  hereafter,  before  entering  upon  the  duties  of  his  office, 
execute  a  bond  to  the  state  of  Kansas  in  the  sum  of  one  thousand  dol- 
lars, with  one  or  more  sureties,  conditioned  for  the  faithful  performance 
of  his  duties,  which  bond  shall  be  approved  by  the  county  clerk,  and 
filed  in  his  office. 

Union  Institutes.— SEC.  92.  [Laws  1877,  Ch.  136,  Sec.  9.]  Two  or 
more  counties,  each  having  less  than  three  thousand  inhabitants,  may  be 
united  in  holding  one  normal  institute,  with  the  consent  and  by  the 
direction  of  the  state  superintendent  of  public  instruction :  Provided,  That 
the  several  county  superintendents  of  the  counties  thus  uniting  shall 
choose  one  of  their  number  to  act  for  them  in  determining  the  time  and 
place  of  holding  the  normal  institute,  and  in  selecting  a  conductor  and 
instructors  for  the  same,  as  provided  in  section  2 :  And  provided,  That 
the  person  thus  chosen  shall  draw  all  orders  upon  the  "normal-institute 
fund,"  as  provided  in  section  7  [90] :  And  provided.  That  the  treasurer 
of  the  county  in  which  such  normal  institute  is  held  shall  be  the  custo- 
dian of  the  "normal-institute  fund,"  to  whom  the  state  and  county  ap- 
propriations for  the  benefit  of  the  normal  institute  shall  be  transmitted, 
and  to  whom  the  several  county  superintendents  of  the  counties  thus 
uniting  shall  transmit  the  fees  collected  as  provided  in  section  3  [86]. 

SEC.  90.  See  also  section  85.  It  is  unlawful  for  the  county  treasurer  to  pay  an  order  on  the  normal- 
institute  fund  drawn  "for  services  rendered,"  ill  favor  of  any  person  not  holding  the  certificate  of  the 
state  board  of  education,  for  institute  work. 

3 


34  SCHOOL   LAWS   OF   KANSAS. 

County  Board  of  Examiners.— SEC.  93.  [Laws  1881,  Ch.  151, 
Sec.  1.]  In  each  county  there  shall  be  a  county  board  of  examiners,  com- 
posed of  the  county  superintendent,  who  shall  be  ex-officio  chairman  of 
the  board,  and  two  competent  persons,  holders  of  first-grade  certificates, 
to  be  appointed  by  the  county  commissioners  on  the  nomination  of  the 
county  superintendent,  who  shall  serve  one  year  from  the  time  of  their 
respective  appointments,  and  receive  for  their  services  the  sum  of  three 
dollars  per  day  for  not  to  exceed  three  days  in  any  one  quarter  of  a  year. 

Public  Examinations,— SEC.  94.  [Laws  1881,  Ch.  151,  Sec.  2.] 
The  board,  two  of  whom  shall  constitute  a  quorum,  shall  publicly  ex- 
amine at  such  times  and  places  as  may  be  designated  by  the  chairman, 
who  shall  give  ten  days'  notice  of  each  of  such  examinations,  all  persons 
proposing  to  teach  in  the  common  schools  of  the  county,  (cities  of  the 
first  and  second  class  excepted,)  as  to  their  competency  to  teach  the 
branches  prescribed  by  law;  and  such  board  of  examiners  shall  issue 
certificates  as  hereinafter  provided,  to  all  such  applicants  as  shall  pass 
the  requisite  examination,  and  satisfy  the  board  as  to  their  good  moral 
character  and  their  ability  to  teach  and  govern  school  successfully. 

Grades  of  Certificates.— SEC.  95.  [Laws  1881,  Ch.  151,  Sec.  3.] 
Certificates  issued  by  county  boards  shall  be  of  three  grades — first,  second 
and  third — and  shall  continue  in  force  respectively  two  years,  one  year, 
and  six  months. 

First  Grade,  to  Whom  Issued.— SEC.  96.  [Laws  1881,  Ch.  151, 
Sec.  4.]  Certificates  of  the  first  grade  shall  continue  in  force  for  two  years, 
and  shall  certify  that  the  person  to  whom  issued  is  proficient  in,  and  fully 
qualified  to  teach,  orthography,  reading,  writing,  English  grammar  and 
composition,  geography,  arithmetic,  United  States  history,  constitution 
of  the  United  States,  book-keeping,  physiology,  elements  of  natural 
philosophy.  And  they  shall  not  be  issued  to  persons  under  eighteen 
years  of  age,  nor  to  such  as  have  not  taught  successfully  twelve  months. 

SEC.  93.  (a)  Examiners  appointed  after  March  9, 1881,  must  be  "holders  of  first-grade  certificates," 
granted  under  the  existing  law.  Holders  of  state  or  A-grade  certificates  are  not,  in  virtue  thereof,  eli- 
gible to  be  examiners. 

(6)  Until  appointments  are  made  in  accordance  with  the  new  law,  the  old  members  hold  over, 
(c)  County  superintendents  are  not  required,  as  members  of  the  board  of  examiners,  to  be  holders 
of  first-grade  certificates. 

SEC.  94.  (c)  An  examination  is  not  "public"  unless  every  one  who  desires  to  do  so  is  permitted  to 
know  the  questions  put  to  and  the  answers  returned  by  the  candidates  for  certificates.  In  oral  exami- 
nations, of  course  it  is  every  person's  privilege  to  hear  all  that  is  said  by  both  examiner  and  applicant, 
n  written  examinations,  it  would  be  well  to  have  all  papers  submitted  by  the  candidates  filed  in  the 
office  of  the  county  superintendent,  where  interested  parties  could  see  them  at  any  time  If  this  were 
done,  it  would  compel  examiners  to  be  impartial  in  their  grading,  often  relieving  them  from  very  unjust 
criticism;  and  it  would  greatly  assist  school  officers  in  making  selections  of  teachers. 

Should  an  examiner  desire  to  "pass"  at  a  public  examination,  conducted  by  the  two  other  mem- 
f  the  board,  his  examination  should  certainly  be  thorough  and  exhaustive.    The  county  superin- 
tendent cannot  legally  examine  one  of  the  members  of  the  board  and  issue  to  him  a  certificate  without 
he  assistance  and  concurrence  of  the  other  member  of  the  board 


SCHOOL   LAWS   OF   KANSAS.  35 

Second  Grade,  to  Whom  Issued.— SEC.  97.  [Laws  1881,  Ch. 
151,  Sec.  5.]  Certificates  of  the  second  grade  may  be  issued  to  persons 
of  not  less  than  seventeen  years  of  age,  who  have  taught  successfully 
not  less  than  three  months,  and  who  shall  fully  satisfy  the  board  as  to 
their  ability  to  teach  all  the  branches  prescribed  for  first-grade  certificates, 
except  physiology,  book-keeping  and  elements  of  natural  philosophy. 

Third  Grade,  to  Whom  Issued;  Provisos.— SEC.  98.  [Laws  1881, 
Ch.  151,  Sec.  6.]  Third-grade  certificates  may  be  issued  to  persons  not 
less  than  sixteen  years  of  age,  who  are  proficient  in  orthography,  read- 
ing, writing,  English  grammar,  geography,  arithmetic,  and  United 
States  history;  but  in  no  case  shall  a  third-grade  certificate  be  given  a 
second  time  to  the  same  person:  Provided  further,  1st.  That  persons  who 
receive  a  first-grade  certificate  shall  make  a  general  average  of  not  less 
than  90  per  cent.,  and  in  no  case  shall  a  person  receive  a  certificate  of 
first-grade  who  does  not  make  at  least  70  per  cent,  in  any  one  branch. 
2d.  Persons  who  receive  a  second-grade  certificate  shall  make  a  general 
average  of  not  less  than  80  per  cent.,  and  in  no  case  shall  any  person 
receive  a  certificate  of  second  grade  who  makes  less  than  60  per  cent,  in 
any  one  branch.  3d.  Persons  who  receive  a  third-grade  certificate  shall 
make  a  general  average  of  not  less  than  70  per  cent.,  and  in  no  case 
shall  any  person  receive  a  third-grade  certificate  who  makes  less  than  60 
per  cent,  in  any  one  branch. 


(c)  The  awarding  of  a  certificate,  or  any  other  act  within  the  jurisdiction  of  the  board,  must  have 
duly  received,  iu  the  lawful  course  of  business,  the  consent  of  at  least  two  members  of  the  board,  in 
order  to  be,  legally,  an  act  of  the  board.    County  certificates  can  be  legally  granted  only  by  the  board. 

(d)  The  county  superintendent,  as  chairman  of  the  board,  may  designate  times  and  places  of  exam- 
inations. 

(e)  A  county  certificate  cannot  be  lawfully  dated  back  beyond  the  time  when  the  county  board,  in 
the  lawful  course  of  business,  actually  awarded  the  same. 

(/)  Although  county  boards  may,  by  revocation  for  cause,  abridge,  they  cannot  lawfully  extend,  the 
time  during  which  a  certificate  issued  by  them  shall  be  in  force,  nor  renew  the  same  without  a  public 
examination  of  the  holder  thereof. 

SEC.  96.  This  experience  need  not  have  been  had  in  Kansas,  but  must  be  shown  to  the  satisfaction 
of  the  board  of  examiners. 

SEC.  98.  (a)  No  certificate  of  the  third  grade  can  be  issued  a  second  time  to  the  same  person  in  a  given 
county,  but  there  is  nothing  in  the  law  which  can  be  construed  to  restrict  a  person  from  obtaining  one 
third-grade  certificate  in  each  county  in  the  state ;  but  a  second  one  would  be  void  and  of  no  force. 
In  the  case  of  applicants  who  have  never  taught,  I  recommend  examining  boards  to  issue  Statements  of 
Standing,  certifying  that  the  holders  are  entitled  to  have  a  third-grade  certificate  issued  to  them  on 
call,  to  expire  six  months  from  date  of  statement.  Such  papers  will  satisfy  school  boards  that  the 
parties  are  legally-qualified  teachers;  and,  on  the  other  hand,  such  teachers,  in  failing  to  make  en- 
gagements, are  not  barred  from  another  trial  in  the  county.  The  object  of  the  law  is  to  compel  im- 
provement among  teachers;  and  the  only  hardship  that  could  arise  by  its  operation  is  the  one  for 
which  this  remedy  is  suggested. 

(&)  A  full  single  public  examination  is  the  only  legal  basis  for  the  issue  of  a  certificate.  It  is  the 
province  of  the  board  to  determine  the  standing  of  the  applicant  in  every  study  ;  if  that  standing  is 
in  every  particular  what  this  section  requires,  the  certificate  may  be  issued;  but  the  board  should  in- 
quire into  the  "competency"  of  the  candidate  to  teach  and  govern  a  school  successfully.  This  com- 
petency is  not  to  be  assumed  from  the  fact  that  the  applicant  passes  the  examination;  it  must  be 
shown  to  the  satisfaction  of  the  examiners. 


36  SCHOOL   LAWS   OF   KANSAS. 

Certificates,  of  Force  Where;  Revocation.— SEC.  99.  [Laws 
1881  Ch.  151,  Sec.  7.]  No  certificate  shall  be  of  force,  except  in  the 
county  in  which  it  is  issued.  The  certificates  issued  under  this  act  may 
be  revoked  by  the  board  of  examiners  on  the  ground  of  immorality,  or 
for  any  cause  which  would  have  justified  the  withholding  thereof  when 
the  same  was  granted. 

State  Board  of  Education;  Diplomas,— SEC.  100.  [Laws  1876, 
Ch.  122,  Art.  6,  Sec.  7.]  There  shall  be  a  state  board  of  education,  con- 
sisting of  the  state  superintendent  of  public  instruction,  the  chancellor  of 
the  state  university,  the  president  of  the  state,  agricultural  college,  and 
the  principals  of  the  state  normal  schools  at  Emporia  and  Leavenworth. 
The  state  board  of  education  thus  constituted  are  hereby  authorized  and 
empowered  to  issue  state  diplomas  to  such  professional  teachers  as  may 
be  found,  upon  a  critical  examination,  to  possess  the  requisite  scholar- 
ship and  culture,  and  who  may  also  exhibit  satisfactory  evidence  of  an 
unexceptionable  moral  character,  and  of  eminent  professional  experience 
and  ability,  and  who  have  taught  for  two  years  in  the  state.  All  such 
diplomas  shall  be  countersigned  by  the  state  superintendent  of  public 
instruction,  and  shall  supersede  the  necessity  of  any  and  all  other  exam- 
inations of  the  person  holding  the  same  by  county,  city  or  local  boards 
of  examiners;  and  such  diplomas  shall  be  valid  in  any  county,  city, 
town  or  school  district  in  the  state  during  the  lifetime  of  the  holder, 
unless  revoked  by  the  state  board  of  education. 

State  Certificates.— SEC.  101.  [Laws  1876,  Ch.  122,  Art.  6,  Sec.  8.] 
The  state  board  of  education  are  furthermore  authorized  and  empowered 
to  issue  state  certificates  of  high  qualifications  to  such  teachers  as  may 
be  found/  upon  examination,  to  possess  the  requisite  scholarship,  and 
who  may  also  exhibit  satisfactory  evidence  of  good  moral  character,  and 
ability  to  teach,  and  skill  to  govern  and  control  children.  The  certifi- 
cates issued  by  the  state  board  of  education  may  be  of  two  grades — 
one  for  three  years  and  one  for  five  years;  and  all  certificates  issued  by 
said  board  shall  be  countersigned  by  the  state  superintendent  of  public 
instruction,  and  such  state  certificates  shall  supersede  the  necessity  of  all 
other  examinations  of  the  persons  holding  them  by  county  or  local 

It  is  proper  for  the  board  to  refuse  especially  the  first-grade  or  second-grade  certificate  to  appli- 
cants passing  the  necessary  examination  but  not  satisfying  the  board  of  their  ability  to  "teach  and 
govern  school  successfully."  Applicants  are  examined  as  to  their  competency  to  teach  (see  section  94); 
and  while  they  may  be  ninety  or  ninety-nine  on  examination,  they  are  not  necessarily  possessed  of 
such  "ability  to  teach  "  (see  sec.  97)  as  will  justify  the  issuing  of  the  best  certificate.  I  hope  the  time 
will  soon  come  (and  be  hastened  in  its  coming  by  the  action  of  examiners)  when  it  cannot  be  truth- 
fully said  that  there  are  better  teachers  holding  the  second  grade  than  there  are  holding  the  first  grade. 
SKC.  99.  County  certificates  issued  in  county  A  cannot  be  legally  made  valid  in  county  B,  even  by  the 
indorsement  of  the  board  of  examiners  of  county  B;  for  the  law  expressly  provides  that  "no  [county] 
certificate  shall  be  of  force  except  in  the  county  in  which  it  is  issued." 


SCHOOL   LAWS   OF    KANSAS.  37 

boards  of  examiners;  and  such  certificate  shall  be  valid  in  any  county, 
city,  town  or  school  district  in  the  state  for  the  term  of  three  or  five 
years  (as  therein  set  forth),  unless  sooner  revoked  by  said  state  board  of 
education. 

State  Examinations.— SEC.  102.  [Laws  1876,  Ch.  122,  Art.  6, 
Sec.  9.]  The  state  board  of  education  shall  meet  at  the  city  of  Topeka  on 
the  fourth  Monday  of  August  in  each  year,  and  at  such  other  times  and 
places  as  may  by  them  be  deemed  necessary,  and  proceed  to  the  transac- 
tion of  such  business  as  may  legally  come  before  them,  and  to  examine 
all  applicants  who  may  present  themselves  for  such  examination;  and 
if  satisfied  with  the  scholarship,  culture,  and  moral  character  of  the  ap- 
plicant, and  with  his  professional  attainments  and  experience,  said  board 
shall  issue  a  state  diploma,  or  certificate,  as  the  case  may  be,  in  accord- 
ance with  such  examinations  and  the  provisions  of  this  act:  Provided, 
That  the  provisions  of  this  act  shall  be  carried  out  without  expense  to 
the  state. 


ARTICLE  VII.— UNION  OB  GRADED-SCHOOL  DISTRICTS. 


$103.  Graded  schools,  how  established. 

104.  Powers  and  duties  of  directors. 

105.  Union  district  entitled   to  share  of  school 

funds. 

106.  May  levy  taxes.  schools. 


§110.  Public  schools  in  cities  shall  receive  their 
share  of  public  school  funds,  on  what  con- 
dition. 
111.  Any  single   district    may  establish    graded 


107.  Shall  receive  its  share  of  school  moneys. 

108.  Duties  of  clerk  of  union  district. 


112.  Annual  meeting  of  graded-school  districts, 
when  held. 


109.  Duties  of  treasurer  of  union  district. 

How  Formed.— SEC.  103.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  1.] 
Whenever  the  inhabitants  of  two  or  more  school  districts  may  wish  to 
unite  for  the  purpose  of  establishing  a  graded  school  in  which  instruc- 
tion shall  be  given  in  the  higher  branches  of  education,  the  clerks  of 
the  several  districts  shall,  upon  a  written  application  of  five  voters  of 
the  respective  districts,  call  a  meeting  of  the  voters  of  such  districts,  at 
some  convenient  place,  by  posting  up  written  notices  thereof,  in  like 
manner  as  provided  for  calling  district  meetings;  and  if  a  majority  of 
the  voters  of  each  of  the  two  or  more  districts  shall  vote  to  unite  for 
the  purpose  herein  stated,  they  shall,  at  that  meeting  or  at  an  adjourned 
meeting,  elect  a  board  of  directors,  consisting  of  a  director,  clerk  and 
treasurer. 

Duties  of  Board.— SEC.- 104.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  2.] 
The  board  of  directors  provided  in  the  preceding  section  shall,  in  all 
matters  relating  to  the  graded  schools,  possess  all  the  powers  and  dis- 
charge all  the  like  duties  of  the  district  board  of  directors,  as  prescribed 
in  this  act. 


38  SCHOOL   LAWS   OF   KANSAS. 

School  Funds,— SEC.  105.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  3.] 
The  union  district  thus  formed  shall  be  entitled  to  an  equitable  share  of 
the  school  funds,  to  be  drawn  from  the  treasurer  of  each  district  so  unit- 
ing, in  proportion  to  the  number  of  children  attending  the  said  graded 
school  for  each  district. 

Levy  Taxes.— SEC.  106.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  4.]  The 
said  union  district  may  levy  taxes  for  the  purpose  of  purchasing  a  build- 
ing or  furnishing  proper  buildings  for  the  accommodation  of  the  school 
or  for  the  purpose  of  defraying  necessary  expenses  and  paying  teachers, 
but  shall  be  governed  in  all  respects  by  the  law  herein  provided  for 
levying  and  collecting  district  taxes. 

Apportionment.— SEC.  107.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  5.] 
The  clerk  of  the  union  district  shall  report  in  writing  to  the  treasurer 
of  each  school  district  uniting  in  the  union  district,  the  number  of  schol- 
ars attending  the  graded  school  from  his  district,  their  sex,  and  the 
branches  studied;  and  the  said  district  treasurer  shall  apportion  the 
amount  of  school  money  due  the  union  district,  and  pay  the  same  over 
to  the  treasurer  of  the  union  district  on  order  of  the  clerk  and  director 
thereof. 

Clerk.— SEC.  108.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  6.]  The  clerk 
of  the  union  district  shall  make  a  report  to  the  county  superintendent  of 
public  instruction,  and  discharge  all  the  duties  of  clerk  in  like  manner 
as  clerk  of  the  district. 

Treasurer.— SEC.  109.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  7.]  The 
treasurer  of  the  union  district  shall  perform  all  the  duties  of  treasurer  as 
prescribed  in  this  act,  in  like  manner  as  the  district  treasurer. 

Apportionment  to  Cities.— SEC.  110.  [Laws  1876,  Ch.  122,  Art. 
7,  Sec.  8.]  The  public  schools  of  any  city,  town  or  village,  which  may 
be  regulated  by  special  law  set  forth  in  the  charter  of  such  city,  town 
or  village,  shall  be  entitled  to  receive  their  proportion  of  the  public 
school  fund:  Provided,  The  clerk  of  the  board  of  education  in  such 
city,  town  or  village  shall  make  due  report  within  the  time  and  manner 
prescribed  in  this  act,  to  the  county  superintendent  of  public  instruction. 

Single  District.— SEC.  111.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  9.] 
Any  single  district  shall  possess  power  to  establish  graded  schools,  sub- 
ject to  the  provisions  of  this  article,  in  like  manner  as  two  or  more  dis- 
tricts united. 

Annual  Meeting.— SEC.  112.  [Laws  1876,  Ch.  122,  Art.  7,  Sec.  10.] 
The  annual  meeting  of  union  or  graded-school  districts  shall  be  held  on 
the  last  Wednesday  in  June,  at  such  hour  as  may  be  indicated  by  the 
board. 


SCHOOL   LAWS   OF    KANSAS,  39 

AETICLE  VIII.— SCHOOL -DISTRICT  LIBRARIES. 

^113.  School  districts  may  vote  a  tax  not  to  exceed  i  §  114.  The  money  so  collected  shall  be  used  for  no 
two  mills,  for  district  library.  other  purpose. 

|    115.  Librarian  to  be  appointed  by  district  board. 

Library  Fund.— SECTION  113.  [Laws  1876,  Ch.  122,  Art.  8,  Sec.  1.] 
That  the  several  school  districts  of  the  state  may,  at  the  annual  meeting 
in  each  year,  vote  a  tax  upon  all  the  taxable  property  of  the  district, 
not  to  exceed  two  mills  on  the  dollar,  which  tax  shall  be  certified  by  the 
district  clerk  to  the  county  clerk,  at  the  same  time  and  manner  as  other 
school-district  taxes  are  certified;  and  the  county  clerk  shall  place  the 
same  on  the  tax  roll  of  the  county  in  a  separate  column,  designating  the 
purpose  for  which  such  tax  was  levied;  and  said  tax  shall  be  collected 
and  paid  over  to  the  treasurer  of  said  district  in  all  respects  as  other 
school-district  taxes  are  collected  and  paid :  Provided,  however,  That  in 
the  districts  where  the  taxable  property  of  the  district  is  more  than 
twenty  thousand  dollars  and  not  more  than  thirty  thousand,  there  shall 
not  be  levied  more  than  one  and  a  half  mills  on  the  dollar ;  and  where 
the  taxable  property  is  more  than  thirty  thousand  dollars  and  not  more 
than  fifty  thousand,  there  shall  not  be  levied  more  than  one  mill  on  the 
dollar;  and  in  all  cases  where  the  taxable  property  of  the  district  shall 
exceed  fifty  thousand  dollars,  there  shall  not  be  levied  more  than  one 
half-mill  on  the  dollar. 

How  Used.— SEC.  114.  [Laws  1876,  Ch.  122,  Art.  8,  Sec.  2.]  The 
money  so  collected  shall  be  used  under  the  direction  of  the  board  of  di- 
rectors, for  the  purchasing  of  a  school-district  library,  and  for  no  other 
purpose ;  and  the  district  board,  in  the  purchase  of  books,  shall  be  con- 
fined to  works  of  history,  biography,  science  and  travels. 

Librarian ;  Rules.— SEC.  115.  [Laws  1876,  Ch.  122,  Art.  8,  Sec.  3.] 
The  district  clerk  shall  be  the  librarian,  unless  the  board  of  directors 
shall  appoint  some  other  competent  and  suitable  person,  who  shall  reside 
in  the  district,  to  perform  the  duties  of  that  office;  and  the  board 
shall  have  power  to  make  such  rules  and  regulations  in  regard  to  the 
management  of  said  library  as  they  shall  deem  best,  and  they  shall  re- 
vise and  change  said  rules  from  time  to  time  as  the  necessities  of  the 
case  may  require. 


AKTICLE  IX— FINES  AND  PENALTIES. 

3 116.  Jurisdiction  of  justices  of  the  peace.          i          §  118.  Penalty  for  receiving  bonus  from  publisher 
117.  Fines  andgpenalties,  how  collected.  of  school  books. 

Jurisdiction.— SEC.  11 6.    [Laws  1876,  Ch.  122,  Art.  9,  Sec.  1.] 
Justices  of  the  peace  shall  have  jurisdiction  in  all  cases  in  which  a  school 


40 


SCHOOL   LAWS   OF   KANSAS, 


district  is  a  party  interested,  when  the  amount  claimed  by  the  plaintiff- 
shall  not  exceed  one  hundred  dollars;  and  the  parties  shall  have  the 
right  of  appeal,  as  in  other  cases. 

How  Collected.-SEC.117.  [Laws  1876,  Ch.  122,  Art.  9,  Sec.  2.] 
All  fines  and  penalties  not  otherwise  provided  for  in  this  act  shall  be  col- 
lected by  an  action  in  any  court  of  competent  jurisdiction. 

Penalty  for  Receiving  Bonus.— SEC.  118.  [Laws  1876,  Ch.  122, 
Art.  9,  Sec.  3.]  If  the  state  superintendent,  or  any  county  superintend- 
ent of'p«blic  instruction,  shall  receive  from  the  publisher  of  any  school 
books,  or  from  any  other  person  interested  in  the  sale  or  introduction 
of  any  book  into  the  public  schools  in  the  state,  any  money  or  bonus  in 
any  manner  as  an  inducement  for  the  recommendation  or  introduction  of 
any  such  book  into  the  public  schools  of  the  state,  such  superintendent 
shall,  upon  conviction  thereof  before  any  court  of  competent  jurisdic- 
tion, be  found  guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum  not 
less  than  one  thousand  dollars  nor  exceeding  five  thousand  dollars,  or 
shall  be  imprisoned  in  the  penitentiary  for  any  time^not  less  than  one 
year  nor  more  than  five  years,  or  both  such  fine  and  imprisonment. 


ARTICLE  X.— PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 


§119.  Cities  of  first  class  defined. 

120.  Board    of  education,   how  constituted    and 

elected. 

121.  Vacancy  in  board,  how  filled. 

122.  Powers  of  board. 

123.  Board  shall  organize,  when  and  how;  elect 

clerk,  superintendent;  fiscal  year;  annual 
report. 

124.  Duty  of  president. 

125.  Duty  of  vice  president. 

126.  Duty  of  clerk ;  duty  and  salary  of  superin- 

tendent. 

127.  Clerk  shall  execute  bond;  oath  of  office. 

128.  Treasurer;  duty  of  treasurer. 

129.  Board  not  to  receive  pay. 

130.  Examining  committee,  how  appointed;    du- 

ties ;  who  may  be  elected  as  teacher. 

131.  Vacancy  in  committee,  how  filled. 

132.  Annual  levy  of  school  tax,  when  and  how 

made;  provisos. 

133.  All  school  taxes  shall  be  paid  in  money. 

134.  The  whole  city  shall  compose  a  school  district. 

135.  All  city  school  property  shall  be  vested  in  the 

.board. 

136.  Sale  or  conveyance  of  school  property. 

137.  Meetings  of  the  board,  when  held. 

138.  Annual  report  of  the  board  shall  be  published, 

when  and  how. 


§  139.  Restriction  regarding  expenditures. 

140.  No  sectarian  doctrine  shall  be  taught  in  the 

city  schools. 

141.  City  school  property  exempt  from  taxation. 

142.  For  what  purpose  the  board  may  issue  bonds; 

date  and  rate  of  interest;    maturity  of; 
provisos. 

143.  Bonds  shall  be  signed  by  whom ;  shall  specify; 

amount. 

144.  Annual  levy  for  interest  and  sinking  fund. 

145.  Sinking  fund,  how  used  and  employed. 

146.  Interest  to  be  paid,  when. 

147.  Payment  of  interest  and  principal,  how  se- 

cured. 
|    148.  The  clerk  shall  register  bonds  issued  by  the 

board. 
!    149.  Additional  powers  and  duties  of  the  board  of 

education. 

i    150.  Organization  and  officers  of  the  board. 
I    151.  Refunding  outstanding  bonded  debt. 

152.  Registration  of  funding  bonds. 

153.  Annual  levy  of  tax  to  pay  interest  and  prin- 

cipal of  funding  bonds. 

154.  Penalty  for  neglecting  or  refusing  to  levy 

bond  tax. 

155.  Use  of  money  levied  and  collected  under  this 

act. 


Defined.— SEC.  119.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  1.]  All 
cities  of  more  than  fifteen  thousand  inhabitants  shall  be  governed  by 
the  provisions  of  this  act. 


SCHOOL   LAWS    OF    KANSAS.  41 

Board  of  Education.— SEC.  120.  [Laws  1881,  Ch.  149,  Sec.  2.]  ID 
each  city  under  this  act  there  shall  be  a  board  of  education,  consisting: 
of  three  members  from  each  ward,  (who  shall  be  and  remain  residents 
of  the  ward  for  which  they  are  elected  during  their  term  of  office,) 
to  be  elected  by  the  qualified  voters  at  large  of  the  said  city,  one  of 
whom  in  each  ward  shall  be  elected  annually,  and  shall  hold  his  office 
for  the  term  of  three  years  and  until  his  successor  shall  be  elected  and 
qualified:  Provided,  That  this  amendment  shall  not  affect  nor  change 
the  terms  of  office  of  the  several  members  of  the  board  of  education  of 
cities  of  the  first  class  now  in  office:  And  provided  further,  That  in  any 
city  of  the  second  class  hereafter  organized  as  a  city  of  the  first  class, 
the  terms  of  office  of  any  member  of  the  board  of  education  which 
would  expire  prior  to  the  first  Monday  of  August  after  such  organiza- 
tion, is  hereby  extended  to  the  said  first  Monday  of  August. 

Vacancy  in  Board.— SEC.  121.  [Laws  1876,  Ch.  122,  Art.  10,  Sec. 
3.]  The  board  of  education  shall  have  power  to  fill  any  vacancy  which 
may  occur  in  their  body:  Provided,  That  any  vacancy  occurring  more 
than  ten  days  previous  to  the  annual  city  election,  and  leaving  an  unex- 
pired  term  of  one  or  more  years,  shall  be  filled  at  the  first  city  election 
thereafter;  and  the  ballots  and  returns  of  election  shall  be  designated 
as  follows:  "To  fill  unexpired  term  of years." 

Powers  of  Board.— SEC.  122.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  4.] 
The  board  of  education  shall  have  power  to  select  their  own  officers;  to 
make  their  rules  and  regulations,  subject  to  the  provisions  of  this  act; 
to  establish  a  high  school,  whenever  in  their  opinion  the  educational 
interests  of  the  city  demand  the  same ;  and  to  exercise  the  sole  control 
over  the  public  schools  and  school  property  of  the  city. 

Organization;  Annual  Reports.— SEC.  123.  [Laws  1876,  Ch.  122, 
Art.  10,  Sec.  5.]  The  board  of  education  shall  at  its  first  regular  meet- 
ing in  August  organize  by  the  election  of  a  president  and  vice  president 
from  its  own  members,  each  of  whom  shall  serve  for  one  year,  and 
until  his  successor  is  elected  and  qualified.  They  may  elect  a  clerk,  who 
shall  hold  his  office  during  the  pleasure  of  the  board ;  and  may  elect  a 
superintendent  of  public  schools,  who  shall  not  be  a  member  of  the 
board,  and  who  shall  hold  his  office  during  the  pleasure  of  the  board. 
The  fiscal  year  of  such  board  shall  close  on  the  last  day  of  June,  and 
the  annual  reports  of  the  president,  superintendent,  and  of  the  several 
committees,  shall  be  presented  to  the  board  on  or  before  the  first  Monday 
in  August  in  each  year ;  and  the  term  of  office  of  the  president  and  vice 
president  of  the  year  eighteen  hundred  and  seventy-one,  and  of  the 
several  members  of  the  board  now  in  office,  is  extended  so  that  their 


42  SCHOOL   LAWS   OF   KANSAS. 

several  terras  of  office  shall  expire  on  the  first  Monday  of  August  instead 
of  the  first  Monday  of  May. 

President— SEC.  124.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  6.]  It  shall 
be  the  duty  of  the  president  to  preside  at  all  meetings  of  the  board 
of  education,  to  appoint  all  committees  whose  appointment  is  not 
otherwise  provided  for,  and  to  sign  all  warrants  ordered  by  the  board 
of  education  to  be  drawn  upon  the  city  treasurer  for  school  moneys. 

Vice  President— SEC.  125.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  7.] 
It  shall  be  the  duty  of  the  vice  president  to  perform  all  the  duties  of  the 
president,  in  case  of  his  absence  or  disability. 

Clerk;  Superintendent— SEC.  126.  [Laws  1876,  Ch.  122,  Art.  10, 
Sec.  8.]  It  shall  be  the  duty  of  the  clerk  to  attend  all  meetings  of  the 
board,  to  keep  an  accurate  journal  of  its  proceedings,  to  have  the  care 
and  custody  of  the  records  and  papers  of  the  board,  to  countersign  all 
warrants  drawn  upon  the  treasurer  by  order  of  the  board,  to  keep  an 
account  of  all  moneys  paid  to  the  treasurer  on  account  of  said  board, 
and  of  all  moneys  paid  or  orders  drawn  on  the  treasurer  by  order  of 
said  board;  and  shall,  at  least  once  in  every  three  months,  prepare  and 
cause  to  be  published  in  said  city  a  statement,  under  oath,  showing — 
1st.  The  moneys  received  by  the  treasurer  since  last  report,  and  from 
what  source  received;  2d.  The  amount  of  sinking  fund,  and  how  in- 
vested; 3d.  The  moneys  paid  out,  to  whom,  and  for  what  paid;  4th. 
The  balance  of  general  fund  in  the  hands  of  the  treasurer ;  5th.  The 
number,  date  and  amount  of  any  bond  issued  by  said  board,  purchased 
under  the  authority  in  this  act  given,  and  the  amount  paid  therefor ; 
and  shall  perform  such  other  duties  as  the  board  or  its  committees  may 
require,  and  shall  receive  for  his  services  such  compensation  as  the  board 
shall  deem  adequate,  but  not  to  exceed  one  thousand  dollars  per  annum. 
The  superintendent  shall  have  the  charge  and  control  of  the  public 
schools  of  the  city,  subject  to  the  orders,  rules,  regulations  and  by-laws 
of  the  board,  and  shall  receive  for  his  services  suclt  compensation  as  the 
board  shall  deem  adequate. 

Bond  of  Clerk.— SEC.  127.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  9.] 
Before  entering  upon  the  discharge  of  his  duties,  the  clerk  of  the  board 
of  education  shall  give  bond  in  the  sum  of  one  thousand  dollars,  with 
good  and  sufficient  securities,  to  be  approved  by  the  board,  and  shall  take 
and  subscribe  an  oath  or  affirmation  before  a  proper  officer  that  he  will 
support  the  constitution  of  the  United  States,  the  constitution  of  the  state 
of  Kansas,  and  faithfully  perform  the  duties  of  his  office. 

Treasurer.— SEC.  128.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  10.]  The 
treasurer  of  the  city  shall  be,  ex  officio,  the  treasurer  of  the  board  of 


SCHOOL   LAWS   OF    KANSAS.  43 

education;  he  shall  attend  all  the  meetings  of  the  board  when  required 
so  to  do,  shall  prepare  and  submit,  in  writing,  a  monthly  report  of  the 
state  of  its  finances,  and  shall  pay  school  moneys  only  upon  a  warrant 
signed  by  the  president,  or  in  his  absence  by  the  vice  president,  and 
countersigned  by  the  clerk. 

No  Compensation.— SEC.  129.  [Laws  1876,  Ch.  122,  Art.  10,  Sec. 
11.]  No  member  of  the  board  of  education  shall  receive  any  pay  or  emol- 
ument for  his  services. 

Examining  Committee ;  Teachers.— SEC.  130.  [Laws  1876,  Ch. 
122,  Art.  10,  Sec.  12.]  The  board  of  education,  at  such  time  as  they 
shall  deem  expedient,  shall  appoint  three  competent  persons,  who  shall 
be  styled  the  examining  committee  of  the  board  of  education,  whose  duty 
it  shall  be  to  examine  all  persons  who  may  apply  to  them  as  teachers; 
and  no  person  shall  be  elected  by  the  board  as  teacher  who  cannot  pro- 
duce a  certificate  from  the  examining  committee,  signed  by  all,  or  a 
majority  of  them,  and  setting  forth  that  such  person  is  competent  to 
teach  in  such  department  of  the  public  schools  as  may  be  stated  in  the 
certificate,  and  is  a  person  of  good  moral  character :  Provided,  That  the 
board  may  elect  as  teacher  a  suitable  person  who  holds  a  diploma  or 
certificate  from  the  state  board  of  education. 

Vacancy.— SEC.  131.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  13.]  The 
board  of  education  shall  have  power  to  fill  any  vacancy  which  may  occur 
in  the  examining  committee. 

Annual  Levy  of  School  Tax.— SEC.  132.  [Laws  1881,  Ch.  149, 
Sec.  2.]  The  board  of  education  shall,  in  the  month  of  August  in  each 
year,  prepare  an  estimate  and  levy  of  the  amount  of  moneys  necessary 
and  requisite  for  the  support  and  maintenance  of  the  public  schools  un- 
der its  charge,  for  the  year  commencing  on  the  first  day  of  January  next 
thereafter,  and  also  the  amount  necessary  to  pay  the  interest  on  bonds 
accruing  during  such  year,  and  the  amount  of  sinking  fund  necessary 
to  be  collected  during  such  year  for  the  payment  and  redemption  of  such 
bonds  issued  by  said  board,  and  shall  cause  to  be  certified  by  the  president 
and  clerk  of  the  said  board,  to  the  county  clerk  of  the  county  in  which 
said  city  is  situated,  the  percentage  by  them  levied  on  the  real  and  per- 
sonal property  of  and  within  the  said  city  as  returned  on  the  assessment 
roll  of  the  county.  And  the  said  county  clerk  is  hereby  authorized  and 
required  to  place  the  same  on  the  tax  roll  of  the  county;  and  the  said 
tax  shall  be  collected  by  the  county  treasurer  as  the  other  taxes  are  col- 
lected, and  when  collected  shall  be  paid  to  treasurer  of  the  said  city, 
for  the  sole  purpose  for  which  said  taxes  were  levied,  subject  to  the  order 
of  the  said  board  of  education;  and  all  such  levies  required  to  be  certi- 
fied to  the  county  clerk  shall  be  so  certified  on  or  before  the  25th  day 


44  SCHOdL   LAWS    OF    KANSAS. 

of  August,  annually:  Provided,  That  the  estimate  and  tax  for  the  gen- 
eral purposes  of  the  support  and  maintenance  of  such  schools,  and  the 
expense  thereof,  shall  not  exceed  in  any  one  year  seven  mills  on  the 
dollar  of  all  the  taxable  property  of  the  said  city  :  Provided  further,  The 
schools  shall  not  be  kept  open  more  than  nine  months  in  any  one  year. 

Taxes.— SEC.  133.  [Laws  1876,  Ch.  122,  Art,  10,  Sec.  15.]  All  taxes 
collected  for  the  benifit  of  the  public  school  shall  be  paid  in  money, 
and  shall  be  placed  in  the  hands  of  the  city  treasurer,  subject  to  the  order 
of  the  board  of  education. 

District— SEC.  134.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  16.]  The 
whole  city  shall  compose  a  school  district  for  all  purposes  of  taxation, 
but  may  be  subdivided  by  the  board  of  education  into  as  many  districts 
as  they  may  think  proper. 

Property.— SEC.  135.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  17.]  The 
title  of  all  property  held  for  the  use  or  benefit  of  the  public  schools  shall 
be  vested  in  the  board  of  education,  and  held  by  them  in  trust  for  the 
city;  and  the  board  of  education  may  sue  in  its  own  name  for  all  money 
due  or  to  become  due  to  the  board  or  the  school  fund,  and  for  any  tres- 
pass upon,  injury  to,  or  concession  of,  any  of  the  school  property  of  said 
city  for  the  benefit  of  the  school  fund  of  such  city, 

Sale  of  Property.— SEC.  136.  [Laws  1876,  Ch.  122,  Art.  10,  Sec. 
18.]  No  school  property  of  any  kind  shall  be  sold  or  conveyed  by  the 
board  of  education,  except  at  a  regular  meeting  of  the  same,  and  not 
then  without  an  affirmative  recorded  vote  of  at  least  two-thirds  of  all 
the  members  of  said  board. 

Meetings  of  the  Board.— SEC.  137.  [Laws  1876,  Ch.  122,  Art. 
10,  Sec.  19.]  The  regular  meetings  of  the  board  of  education  shall  be 
upon  tjie  first  Monday  in  each  month,  but  special  meetings  may  be  held 
from  time  to  time,  as  circumstances  may  demand. 

Annual  Report.— SEC.  138.  [Laws  1876,  Ch.  122,  Art,  10,  Sec. 
20.]  The  board  of  education,  at  the  close  of  each  school  year,  or  as  soon 
thereafter  as  practicable,  shall  make  an  annual  report  of  the  progress, 
prosperity  and  condition,  financial  as  well  as  educational,  of  all  the 
schools  under  their  charge;  and  said  report,  or  such  portion  of  it  as  the 
board  of  education  shall  consider  of  advantage  to  the  public,  shall  be 
printed  either  in  a  public  newspaper  or  in  pamphlet  form. 

Expenditures.— SEC.  139.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  21.] 
No  expenditure,  involving  an  amount  greater  than  two  hundred  dollars, 
shall  be  voted,  except  in  accordance  with  the  provisions  of  a  written 
contract, 

^  Sectarian  Doctrine.— SEC.  140.  [Laws  1876,  Ch.  122,  Art.  10, 
Sec.  22.]  No  sectarian  or  religious  doctrine  shall  be  taught  or  inculcated 


SCHOOL    LAWS    OF    KANSAS.  45 

in  any  of  the  public  schools  of  the  city;  but  nothing  in  this  section  shall 
be  construed  to  prohibit  the  reading  of  the  holy  scriptures. 

Exemptions.— SEC.  141.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  23.] 
All  property  held  by  the  board  of  education  for  the  use  of  public  schools 
shall  be  exempt  from  taxation,  and  shall  not  be  taken  in  any  manner 
for  any  debt  due  from  the  city. 

Bonds.— SEC.  142.  [  Laws  1 876,  Ch.  122,  Art.  10,  Sec.  24,]  Whenever 
it  shall  be  necessary  to  raise  funds  to  purchase  a  school'  site  or  sites,  or 
to  erect  or  furnish  suitable  building  or  buildings  thereon,  or  to  provide 
for  or  pay  any  indebtedness  already  made  or  incurred  for  such  purposes, 
it  shall  be  lawful  for  the  board  of  education  to  issue  bonds  and  negotiate 
and  sell  the  same,  but  at  not  less  than  ninety  cents  on  the  dollar.  Such 
bonds  shall  bear  date  on  the  day  they  are  issued  and  negotiated,  and 
shall  bear  interest  at  a  rate  not  exceeding  ten  per  cent,  per  annum,  pay- 
able semi-annually,  and  shall  be  payable  in  twenty  years  after  their 
date:  Provided,  That  no  bond  shall  issue  except  by  the  vote  of  two- 
thirds  of  the  members  of  such  board  at  a  regular  meeting  thereof:  And 
provided  further,  That  there  shall  not  be  outstanding  at  any  one  time 
more  than  one  hundred  and  sixty  thousand  dollars  in  the  aggregate 
amount  of  bonds  issued  by  the  board  of  education,  under  the  authority 
hereby  given,  or  otherwise. 

Execution.— SEC.  143.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  25.]  The 
bonds,  the  issuance  of  which  is  provided  for  in  the  preceding  section, 
shall  be  signed  by  the  president  and  clerk  of  the  board  of  education, 
and  countersigned  by  the  treasurer;  and  said  bonds  shall  specify  the  rate 
of  interest,  and  the  time  when  principal  and  interest  shall  be  paid,  and 
each  bond  so  issued  shall  not  be  for  a  less  sum  than  fifty  dollars. 

Levy  for  Interest  and  Sinking  Fund,— SEC.  144.  [Laws  1876, 
Oh.  122,  Art.  10,  Sec.  26.]  The  board  of  education,  in  its  annual  esti- 
mate as  provided  in  this  article,  shall  include  an  amount  sufficient  to 
pay  the  interest  as  the  same  accrues  on  all  outstanding  bonds  issued  by 
the  board,  and  also  to  create  a  sinking  fund  for  the  redemption  of  said 
bonds,  and  shall  levy  and  cause  the  same  to  be  collected  as  provided  in 
the  first  section  of  this  act,  in  addition  to  the  one-half  of  one  per  cent, 
authorized  by  the  provisions  of  the  said  section  for  school  purposes ;  and 
such  moneys  shall  remain  a  specific  fund  for  said  purpose  only,  and  shall 
not  be  appropriated  for  any  other  purpose,  or  in  any  other  way,  except 
as  hereinafter  provided. 

Use  of  Sinking  Fund, — SEC.  145.  [Laws  1876,  Ch.  122,  Art.  10, 
Sec.  27.]  The  moneys  levied  and  collected  for  creating  a  sinking  fund 
for  the  redemption  of  the  principal  of  the  bonds  issued  by  the  board  of 
education  shall  be  used  and  employed  or  invested  as  follows: 


46  SCHOOL   LAWS   OF   KANSAS. 

First:  After  retaining  an  amount  sufficient  to  pay  the  principal  of 
any  bonds  maturing  during  the  year,  the  board  shall,  with  the  surplus 
of  such  sinking  fund,  when  the  same  shall  be  one  thousand  dollars  or 
more,  purchase  any  of  the  outstanding  bonds  issued  by  the  board.  Such 
purchase  shall  be  made  at  the  lowest  price  such  bonds  can  be  purchased 
at,  but  at  not  more  than  par  value  of  such  bonds,  and  whenever  there 
shall  be  a  surplus  of  such  sinking  fund  amounting  to  the  sum  of  one 
thousand  dollars,  the  board  shall  purchase  therewith  like  bonds,  on  the 
same  terms  and  conditions  hereinbefore  specified. 

Second:  If  for  any  reason  such  bonds  cannot  be  purchased  as  herein- 
before specified,  such  sinking  fund  shall  be  invested  by  the  treasurer, 
under  the  direction  of  the  board  of  education,  at  such  times  as  the  board 
shall  direct,  in  the  interest-bearing  bonds  of  the  United  States  or  the 
state  of  Kansas,  which  shall  be  purchased  at  the  lowest  market  price. 
Interest  accruing  upon  such  bonds  shall  be  invested  in  the  same  manner 
and  for  the  same  purpose  as  sinking  fund.  Such  bonds  shall  be  held  by 
the  treasurer  until  the  principal  of  the  bonds  issued  by  the  board  of 
education  shall  become  due,  and  shall  then  be  sold  at  the  highest  market 
price  and  the  proceeds  applied  to  the  payment  of  the  bonds:  Provided, 
That  if  at  any  time  the  board  shall  deem  it  best,  it  shall  be  lawful  for 
such  board  to  sell  such  bonds  for  the  purpose  of  purchasing  of  the  bonds 
issued  by  such  board ;  but  all  such  sales  shall  Be  at  the  highest  market 
price,  and  the  bonds  of  the  board  purchased  with  the  proceeds  of  such 
sale  shall  be  purchased  at  the  lowest  price  they  can  be  obtained  for,  and 
not  above  the  par  value  of  such  bonds:  Provided,  That  no  bond  issued 
by  the  board  of  education  shall  be  purchased  by  said  board  that  has  not 
been  outstanding  five  years :  And  provided  further,  That  the  bonds  first 
maturing  shall  be  first  purchased,  if  they  can  be  purchased  on  terms  as 
favorable  to  the  board  as  any  others  offered  for  sale  to  the  said  board. 
All  bonds  of  the  said  board  purchased  under  the  authority  hereby  given, 
or  paid  by  the  board,  shall  be  forthwith  canceled  and  destroyed,  and  the 
clerk  shall  enter  on  the  bond  register  of  the  said  board,  on  the  margin 
of  the  record  of  the  said  bonds,  the  date  when  the  same  were  purchased 
and  the  price  paid ;  and  thereafter  no  interest  or  sinking  fund  shall  be 
levied  or  collected  for  or  on  account  of  said  bonds  so  canceled.  Such 
sinking  fund  shall  never  be  used  nor  appropriated  in  any  other  manner 
whatever. 

Interest— SEC.  146.  [  Laws  1876,  Ch.  122,  Art.  10,  Sec.  28.]  When- 
ever the  interest  of  the  above-mentioned  bonds  shall  become  due,  the 
same  shall  be  paid  by  the  treasurer. 

Security.— SEC.  147.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  29.]  The 
credit  of  the  school  fund  of  such  city  is  hereby  pledged  to  the  payment 


SCHOOL    LAWS   OF    KANSAS.  47 

of  the  interest  and  principal  of  the  bonds  mentioned  in  this  article,  as 
the  same  may  become  due. 

Bond  Begistry.— SEC.  148.  [Laws  1876,  Ch.  122,  Art.  10,  Sec.  30.] 
It  shall  be  the  duty  of  the  clerk  of  the  board  of  education  to  register, 
in  a  book  provided  for  that  purpose,  the  bonds  issued  under  this  act, 
which  said  registry  shall  show  the  number,  date  and  amount,  and  to 
whom  is  made  payable,  each  of  said  bonds. 

Powers  and  Duties  of  Board  of  Education. — SEC.  149.  [Laws 
1879,  Ch.  81,  Sec.  1.]  Section  seventy-five  of  the  act  entitled  "An  act 
to  incorporate  cities  of  the  first  class,"  approved  February  twenty- 
fourth,  eighteen  hundred  and  sixty-eight,  is  hereby  amended  so  that  the 
same  shall  read  and  be  as  follows:  Section  75.  The  board  of  education 
shall  have  power  to  elect  their  own  officers,  make  all  necessary  rules  for 
the  government  of  the  schools  of  said  city  under  its  charge  and  control, 
and  of  the  said  board,  subject  to  the  provisions  of  this  act  and  the  laws 
of  this  state;  to  organize  and  maintain  separate  schools  for  the  educa- 
tion of  white  and  colored  children,  except  in  the  high  school,  where  no 
discrimination  shall  be  made  on  account  of  color;  to  exercise  the  sole 
control  over  the  public  schools  and  school  property  of  said  city ;  and 
shall  have  the  power  to  establish  a  high  school,  and  maintain  the  same 
in  whole  or  in  part,  by  demanding,  collecting  and  receiving  a  tuition 
fee  for  and  from  each  and  every  scholar  or  pupil  attending  such  high 
school. 

Organization  of  Board,— SEC.  150.  [Laws  1879,  Ch.  81,  Sec.  2.] 
That  section  seventy-six  of  the  act  in  the  first  section  mentioned  as 
amended  by  the  act  approved  February  tenth,  eighteen  hundred  and 
sixty-nine,  shall  be  amended  so  that  the  same  shall  read  as  follows  : 
Section  76.  The  board  of  education  shall,  at  its  first  regular  meeting  in 
August  of  each  year,  organize  by  the  election  of  a  president  and  vice 
president  from  its  members,  each  of  whom  shall  serve  for  one  year,  and 
until  his  successor  is  elected  and  qualified.  They  may  elect  a  clerk,  and 
a  superintendent  of  public  schools,  neither  of  whom  shall  be  a  member 
of  said  board,  and  who  shall  hold  their  respective  offices  during  the 
pleasure  of  the  board.  The  board  shall  have  the  right,  at  any  time  and 
at  any  regular  meeting,  to  hold  an  election  to  fill  any  vacancy  which 
may  occur  among  the  officers  of  the  board,  or  any  of  its  agents,  servants 
or  employes.  The  fiscal  year  of  such  board  shall  close  on  the  last  day 
of  June,  and  the  annual  reports  of  the  president,  superintendent,  and  of 
the  several  committees,  shall  be  presented  to  the  board  on  or  before  the 
first  Monday  in  August  in  each  year;  and  the  term  of  office  of  the 
president  and  vice  president  of  the  year  eighteen  hundred  and  seventy- 
one,  and  of  the  several  members  of  the  board  now  in  office,  is  extended 


48  SCHOOL    LAWS    OF    KANSAS. 

so  that  their  several  terms  of  office  shall  expire  on  the  first  Monday  of 
August,  instead  of  the  first  Monday  of  May. 
Refunding  of  Outstanding  Bonded  Debt— SEC.  151.   [Laws 

1879,  Ch.  81,  Sec.  3.]  The  board  of  education  of  any  city  of  the  first 
•class  is  hereby  authorized  and  empowered  to  refund  any  and  all  out- 
standing bonds  heretofore  issued  by  or  by  order  of  the  said  board,  by 
issuing  new  bonds  to  the  holders  of  such  outstanding  bonds :  Provided, 
That  such  new  bonds  shall  not  be  for  a  greater  amount  than  the  par 
value  of  the  bonds  refunded.  Such  refunding  bonds  shall  severally  be 
•in  such  amount  as  said  board  shall  direct,  and  shall  state  for  what  pur- 
pose issued,  and  be  payable  to  the  person  to  whom  issued,  or  bearer, 
within  thirty  years  after  date,  in  installments  as  hereinafter  provided, 
and  shall  bear  interest  at  the  rate  not  exceeding  six  per  cent,  per  annum, 
payable  semi-annually  on  January  first  and  July  first.  That  there  shall 
'be  attached  to  each  of  said  bonds  sixty  coupons,  numbered  from  one  to 
sixty,  and  each  of  the  first  ten  shall  be  for  the  amount  of  the  semi- 
annual interest  upon  such  bond.  That  said  coupons  numbered  from 
•eleven  to  thirty,  both  inclusive,  shall  be  for  the  amount  of  six  months' 
interest  upon  the  principal  of  such  bond  unpaid,  after  deducting  all  in- 
stallments of  principal  paid  or  provided  for  by  prior  maturing  coupons, 
and  one  and  seven-tenths  per  cent,  of  the  principal  sum  mentioned  in 
such  bond;  and  the  last  thirty  of  such  coupons  shall  each  be  for  six 
months7  interest  upon  the  principal  of  said  bond  unpaid,  after  deduct- 
ing all  installments  of  principal  paid  or  provided  for  by  prior  maturing 
•coupons,  and  one-thirtieth  of  the  principal  of  said  bonds  which  shall 
remain  unpaid  at  the  end  of  fifteen  years  from  the  date  of  such  bond  or 
•unprovided  for  by  prior  maturing  coupons;  and  when  the  said  coupons 
shall  be  fully  paid  the  said  bonds  shall  be  of  no  further  force  or  effect: 
Provided,  That  no  bond  or  bonds  hereby  authorized  shall  be  delivered 
•until  the  bond  or  bonds  to  be  surrendered  therefor  shall  be  surrendered 
and  delivered  to  the  said  board.  All  bonds  refunded  under  the  provi- 
sions of  this  act  shall  be  noted  as  surrendered  and  canceled  on  the  regis- 
try of  the  said  board,  and  the  same  shall  be  destroyed  in  the  presence 
•of  said  board. 

'  Bonds  Registered.— SEC.  152.  [Laws  1879,  Ch.  81,  Sec.  4.]  The 
bonds  hereby  authorized  shall  be  numbered,  and  shall  be  registered  in 
the  book  kept  by  said  board  for  the  registry  of  its  bonds ;  and  said  bonds 
shall  be  signed  by  the  president  and  clerk  of  said  board,  attested  with 
the  seal  of  said  board  by  the  elerk,  and  countersigned  by  the  treasurer 
of  said  city. 

Levy  of  Bond  Tax.— SEC.  153.  [Laws  1879,  Ch.  81,  Sec.  5.]  The 
.board  of  education,  and  a^y  and  all  boards,  body  or  officers,  by  law  au- 


SCHOOL   LAWS   OF    KANSAS.  49 

thorized  to  levy  and  collect  taxes  in  and  for  said  city  for  the  support  of 
schools  therein,  shall  at  the  same  time  and  in  the  same  manner  as  the 
other  taxes  for  school  purposes  are  levied  and  collected,  and  in  each  and 
every  year  until  said  bonds  and  interest  are  fully  paid,  as  hereinbefore 
provided,  levy  or  cause  to  be  levied  upon  all  of  the  property  within  the 
said  city  subject  to  taxation  for  school  purposes,  a  tax  or  taxes  sufficient 
in  amount  to  pay  and  discharge  two  of  the  coupons  of  each  of  the  bonds 
issued  under  the  provisions  of  this  act,  and  then  outstanding,  and  cause 
the  same  to  be  collected  in  the  same  manner  as  other  school  taxes  are 
collected,  and,  with  the  moneys  so  collected,  pay  and  discharge  the  cou- 
pons for  which  said  tax  or  taxes  were  levied.  And  it  shall  be  the  duty 
of  the  clerk  of  said  board  to  forthwith,  on  the  payment  of  any  such 
coupons,  to  note  their  payment  upon  the  registry  of  said  bonds,  and 
present  the  same  to  the  board,  and  in  their  presence  cancel  the  same  in 
such  manner  as  the  board  shall  direct;  and  said  coupons  shall  be  care- 
fully preserved  until  the  final  payment  of  said  bonds,  and  then  destroyed, 
and  the  possession  of  such  coupons  by  the  board  shall  be  conclusive  evi- 
dence of  their  payment.  And  said  board  shall  issue  no  bonds  hereafter, 
except  the  refunding  bonds  provided  for  by  this  act. 

Penalty.— SEC.  154.  [Laws  1879,  Ch.  81,  Sec.  6.]  If  said  board  of 
education,  or  other  board,  body  or  officer,  whose  duty  it  shall  be  to  levy 
taxes  for  the  payment  of -the  coupons  of  the  said  bonds,  as  herein  pro- 
vided, shall  neglect  or  refuse  to  levy  the  tax  or  taxes  for  the  payment  of 
the  coupons  as  by  this  act  required,  each  member  of  such  board  or  body, 
and  each  officer,  who  shall  vote  against  or  otherwise  oppose  the  levy  and 
collection  of  such  tax  or  taxes,  or  shall  do  any  act  to  prevent  or  delay 
such  levy  and  collection,  shall  be  liable,  jointly  and  severally,  to  each 
and  every  holder  of  such  bonds,  or  coupons  of  said  bonds,  which  would 
have  been  payable  from  such  taxes  if  the  same  had  been  levied  for  the 
whole  amount  unpaid  on  such  coupons;  and  the  same  may  be  recovered 
in  a  civil  action  in  any  court  of  competent  jurisdiction,  and  judgment 
rendered  thereon  may  be  collected  and  enforced  in  the  same  manner  as 
other  judgments  are  collected  and  enforced;  and  any  such  officer  so  neg- 
lecting or  refusing  to  levy  such  tax  shall  also  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  an  amount 
equal  to  the  amount  which  it  may  be  shown  should  have  been  so  levied 
during  such  year,  or  imprisoned  in  the  county  jail  for  a  term  not  less 
than  three  nor  more  than  twelve  months. 

Use  of  Money  Levied  and  Collected  under  this  Act.— SEC. 
155.  [Laws  1879,  Ch.  81,  Sec.  7.]  Moneys  levied  and  collected  and  re- 
ceived under  and  pursuant  to  this  act  shall  not  be  used  or  employed  for 
any  other  purpose  than  the  payment  of  coupons  of  the  bonds  by  this  act 
4 


50  SCHOOL    LAWS   OF    KANSAS. 

authorized;  and  any  member  of  said  board,  or  officer,  who  shall  cause 
such  money  so  collected  to  be  used  for  any  other  purpose,  temporary  or 
otherwise,  whatever,  or  counsel  or  consent  to  the  same  being  so  used, 
shall  be  liable,  jointly  and  severally,  to  the  holder  of  any  of  such  bonds  or 
coupons  for  any  coupons  due,  to  be  recovered  and  collected  as  in  section 
six  hereof  specified. 


AKTICLE  XI.  — PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 


!56.  Cities  of  the  second  class  defined. 

157.  City  schools  free;  who  may  be  excluded. 

158.  Adjacent  territory  may  be  attached  to  city 

for  school  purposes ;  taxation  in  such  cases ; 
members  of  board. 

159.  Corporate  name  and  style  of  city  schools. 

160.  Cities  of  the  second  class  to  convey  property 


§173.  Taxable  property  subject  to  school  tax. 

174.  Meetings  of  board,  when  held. 

175.  Annual  report  of  board  shall  be  published, 

when. 

176.  Kestrictions  regarding  expenditures  and  con- 

tracts. 

177.  No  sectarian  doctrines  shall  be  taught  in  the 


to  board.  city  schools. 

161.  Conveyance,  how  executed.  I  178.  For  what  purpose  the  board  may  issue  bonds; 

162.  Board  of  education,  when  and  how  elected;  restrictions  regarding  interest;    maturity 

term  of  office.  and  sale  of  bonds ;  proviso. 

163.  Vacancy,  how  filled.  179.  How  bond  election  shall  be  conducted. 

164.  Powers  of  the  board.  180.  Execution  of  bonds  ;  signed  by  whom  ;  speei- 

165.  Board  shall  organize,  when  and  how.  fications ;  amount. 

166.  Duty  of  the  president.  181.  Annual  levy  for  interest  and  sinking  fund. 

167.  Duty  of  the  vice  president.  182.  Investment  of  sinking  fund. 

168.  Duty  of  the  clerk.  183.  Paid  coupons,  how  indorsed. 

169.  Clerk  shall  give  bond.  184.  Payment  of  principal  and  interest,  how  se- 

170.  Duty  of  the  treasurer.  cured. 

171.  Superintendent  of  city  schools;   his  duties,  185.  Bonds  issued  by  the  board,  to  be  registered 

term  of  office  and  salary ;  examining  board,  i  by  the  clerk. 

how  constituted;  teacher  may  be  elected,  186.  Oaths  and  bonds  of  the  officers,  etc. 

how.  187.  Treasurer  of  the  board  of  education  elected 

172.  Annual  school  tax  not  to  exceed  eight  mills.  I  annually. 

Defined,— SEC.  156.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  1.]  All 
cities  now  organized  and  acting  as  cities  of  the  second  class,  by  virtue 
of  the  authority  of  former  acts,  and  all  cities  hereafter  attaining  a  pop- 
ulation over  two  thousand  and  not  exceeding  fifteen  thousand  inhabit- 
ants, shall  be  governed  by  the  provisions  of  this  act ;  and  whenever  any 
city  shall  have  hereafter  attained  a  population  exceeding  two  thousand 
inhabitants,  and  such  fact  shall  have  been  duly  ascertained  and  certified 
by  the  proper  authorities  of  such  city  to  the  governor,  he  shall  declare, 
by  public  proclamation,  such  city  subject  to  the  provisions  of  this  act. 
The  mayor  and  council  of  such  city  shall,  at  the  time  of  making  the 
certificate  herein  provided  for,  make  out  and  transmit  to  the  governor 
an  accurate  description  by  metes  and  bounds  of  all  the  lands  included 
within  the  limits  of  such  city,  and  the  additions  thereto,  if  any. 

Free  Schools.— SEC.  157.  [ Laws  1876,  Ch.  122,  Art.  11,  Sec.  2.]  In 
each  city  governed  by  this  act  there  shall  be  established  and  maintained 
a  system  of  free  common  schools,  which  shall  be  kept  open  not  less  than 


SCHOOL    LAWS   OF   KANSAS.  51 

three  nor  more  than  ten  months  in  any  one  year,  and  shall  be  free  to  all 
children  residing  in  such  city  between  the  ages  of  five  and  twenty-one 
years.  But  the  board  of  education  may,  where  school-room  accommo- 
dations are  insufficient,  exclude  for  the  time  being,  children  between  the 
ages  of  five  and  seven  years. 

Adjacent  Territory.— SEC.  158.  [Laws  1876,  Ch.  122,  Art.  11,  Sec. 
3.]  Territory  outside  the  city  limits,  but  adjacent  thereto,  may  be  attached 
to  such  city  for  school  purposes,  upon  application  to  the  board  of  educa- 
tion of  such  city  by  a  majority  of  the  electors  of  such  adjacent  territory; 
and  upon  such  application  being  made  to  the  board  of  education,  they 
shall,  if  they  deem  it  proper  and  to  the  best  interests  of  the  schools  of 
said  city  and  the  territory  seeking  to  be  attached,  issue  an  order  attach- 
ing such  territory  to  such  city  for  school  purposes,  and  to  enter  the  same 
upon  their  journal;  and  such  territory  shall,  from  the  date  of  such  order, 
be  and  compose  a  part  of  such  city  for  school  purposes  only;  and  the 
taxable  property  of  such  adjacent  territory  shall  be  subject  to  taxation, 
and  shall  bear  its  full  proportion  of  all  expenses  incurred  in  the  erection 
of  school  buildings,  and  in  maintaining  the  schools  of  such  city.  When- 
ever the  territory  so  attached  shall  have  attained  a  population  equal  to 
that  of  any  one  ward  of  such  city,  or  whenever  the  taxable  property  of 
such  attached  territory  shall  equal  that  of  any  one  ward  of  such  city, 
such  attached  territory  shall  be  entitled  to  elect  two  members  of  the 
board  of  education,  who  shall  be  elected  at  the  same  time  that  other 
members  of  the  board  are  elected,  by  the  qualified  electors  of  such  terri- 
tory, at  an  election  to  be  held  at  such  place  as  the  board  of  education 
may  designate. 

Body  Corporate.— SEC.  159.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  4.] 
The  public  schools  of  each  city  organized  in  pursuance  of  this  act  shall 
be  a  body  corporate,  and  shall  possess  the  usual  powers  of  a  corporation 
for  public  purposes,  by  the  name  and  style  of  "The  board  of  education 

of  the  city  of ,  of  the  state  of  Kansas ;"  and  in  that  name  may  sue 

or  be  sued,  and  be  capable  of  contracting  and  being  contracted  with,  of 
holding  and  conveying  such  real  and  personal  estate  as  it  may  come  into 
possession  of,  by  will  or  otherwise,  or  as  is  authorized  to  be  purchased 
by  the  provisions  of  this  act. 

Conveyance  of  Property.— SEC.  160.  [Laws  1876,  Ch.  122,  Art, 
11,  Sec.  5.]  Any  city  of  the  second  class  is  hereby  authorized  and  required, 
upon  the  request  of  the  board  of  education  of  such  city,  to  convey  to 
said  board  of  education  all  property  within  the  limits  of  any  such  city 
heretofore  purchased  by  any  such  city  for  school  purposes,  and  now  held 
and  used  for  such  purposes,  the  title  to  which  is  vested  in  any  such  city. 


j}2  SCHOOL   LAWS   OF    KANSAS. 

How  Executed.— SEC.  161.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  6.] 
All  conveyances  for  the  property  mentioned  in  the  preceding  section 
shall  be  signed  by  the  mayor  and  attested  by  the  clerk  of  said  city,  and 
shall  have  the  seal  of  the  city  affixed  thereto,  and  be  acknowledged  by 
the  mayor  of  such  city  in  the  same  manner  as  other  conveyances  of  real 

estate. 

Board  of  Education.— SEC.  162.  [Laws  1876,  Ch.  122,  Art.  11, 
Sec.  6.]  At  each  annual  city  election  there  shall  be  a  board  of  education, 
consisting  of  two  members  from  each  ward,  elected  by  the  qualified 
voters  thereof,  one  of  whom  shall  be  elected  annually,  and  shall  hold 
his  office  for  the  term  of  two  years,  and  until  his  successor  is  elected 
and  qualified :  Provided,  That  no  member  of  the  board  of  education  shall 
be  a  member  of  the  council,  nor  shall  any  member  of  the  council  be  a 
member  of  the  board  of  education. 

Vacancy.— SEC.  163.  [Laws  1876,  Ch.  192,  Art.  11,  Sec.  8.]  The 
board  of  education  shall  have  power  to  fill  any  vacancy  which  may  occur 
in  their  body :  Provided,  That  any  vacancy  occurring  more  than  ten  days 
previous  to  the  annual  election,  and  having  an  unexpired  term  of  one 
year,  shall  be  filled  at  the  first  annual  election  thereafter  ;  and  the  ballots 
and  returns  of  election  shall  be  designated  as  follows:  "To  fill  unexpired 
term." 

Powers.— SEC.  161.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  9.]  The 
board  of  education  shall  have  power  to  elect  their  own  officers,  except 
the  treasurer;  to  make  their  own  rules  and  regulations,  subject  to  the 
provisions  of  this  article;  to  organize  and  maintain  a  system  of  graded 
schools;  to  establish  a  high  school  whenever  in  their  opinion  the  educa- 
tional interests  of  the  city  demand  the  same;  and  to  exercise  the  sole 
control  over  the  schools  and  school  property  of  the  city. 

Organization.— SEC.  165.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  10.] 
The  board  of  education,  at  its  regular  meeting  in  May  of  each  year, 
shall  organize  by  the  election  of  a  president  and  vice  president  from 
among  its  own  members,  each  of  whom  shall  serve  for  the  term  of  one 
year,  or  until  their  successors  are  elected  and  qualified;  they  shall  also 
elect  a  clerk,  who  shall  hold  his  office  during  the  pleasure  of  the  board, 
and  who  shall  receive  such  compensation  for  his  services  as  the  board 
may  allow. 

President.— SEC.  166.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  11.]  It 
shall  be  the  duty  of  the  president  to  preside  at  all  meetings  of  the  board 
of  education,  to  appoint  all  committees  whose  appointment  is  not  other- 
wise provided  for,  and  to  sign  all  warrants  ordered  by  the  board  of  edu- 
cation to  be  drawn  upon  the  treasurer  for  school  moneys. 


SCHOOL    LAWS   OF    KANSAS,  53 

Vice  President— SEC.  167.  [Laws  1876,  Ch.  122,  Art,  11,  Sec. 
12.]  It  shall  be  the  duty  of  the  vice  president  to  perform  all  the  duties 
of  the  president  in  case  of  his  absence  or  disability. 

Clerk,— SEC.  168.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  13.]  It  shall 
be  the  duty  of  th'e  clerk  to  be  present  at  all  meetings  of  the  board;  to 
keep  an  accurate  journal  of  its  proceedings;  to  take  charge  of  its  books 
and  documents;  to  countersign  all  warrants  for  school  moneys  drawn 
upon  the  treasurer  by  order  of  the  board  of  education,  and  perform  such- 
other  duties  as  the  board  of  education  or  its  committees  may  require. 

Bond  of  Clerk.— SEC.  169.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  14.] 
Before  entering  upon  the  discharge  of  his  duties,  the  clerk  of  the  board 
of  education  shall  give  a  bond  in  the  sum  of  one  thousand  dollars,  with 
good  and  sufficient  sureties,  to  be  approved  by  the  board,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office. 

Treasurer,— SEC.  170.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  15.]  The 
treasurer  shall  prepare  and  submit  in  writing  a  monthly  report  of  the 
state  of  the  finances  of  the  district;  and  shall,  when  required,  produce 
at  any  meeting  of  the  board,  or  any  committee  appointed  for  the  pur- 
pose of  examining  his  accounts,  all  books  and  papers  pertaining  to  his 
office;  he  shall  pay  moneys  only  upon  a  warrant  signed  by  the  presi- 
dent, or  in  his  absence  by  the  vice  president,  and  countersigned  by  the 
clerk;  and  shall  execute  a  bond  in  such  sum  as  the  board  may  require, 
with  sufficient  sureties,  to  be  approved  by  the  board,  conditioned  for  the 
faithful  discharge  of  his  duties  of  treasurer  to  such  board. 

Superintendent ;  Examining  Committee ;  Teachers. — SEC. 
171.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  16.]  The  board  of  education,  at 
such  times  as  they  shall  deem  expedient,  shall  elect  a  superintendent  of 
schools,  in  no  case  a  member  of  their  own  body,  whose  duty  it  shall  be 
to  have  a  general  supervision  of  the  schools  of  the  city,  subject  to  the 
rules  and  regulations  of  the  board,  who  shall  hold  his  office  during  the 
pleasure  of  the  board,  and  shall  receive  such  compensation  as  that  body 
may  allow.  The  board  shall  also  appoint  two  competent  persons,  who, 
with  the  superintendent  as  chairman  thereof,  shall  be  styled  the  examining 
committee  of  the  board  of  education,  whose  duty  it  shall  be  to  examine  all 
persons  who  may  apply  to  them  as  teachers;  and  no  person  except  one 
who  holds  a  diploma  or  a  certificate  from  the  state  board  of  education, 
shall  be  elected  by  the  board  as  teacher,  who  cannot  produce  a  certificate 
from  the  examining  committee  signed  by  all  or  a  majoriy  of  them,  and 
setting  forth  that  such  person  is  competent  to  teach  in  such  department 
of  the  public  schools  as  may  be  stated  in  the  certificate,  and  is  a  person 
of  good  moral  character;  and  the  board  may  fill  any  vacancy  which  may 
occur  in  the  examining  committee. 


54  SCHOOL   LAWS   OF    KANSAS. 

Annual  School  Tax,— SEC.  172.  [Laws  1876,  Ch.  122,  Art.  11, 
•Sec.  18.]  The  board  of  education  shall,  on  or  before  the  fifteenth  day  of 
August  of  each  year,  levy  a  tax  for  the  support  of  the  schools  of  the  city 
for  the  fiscal  year  next  ensuing,  not  exceeding  in  any  one  year  eight 
•mills  on  the  dollar  on  all  personal,  mixed  and  real  property  within  the 
district  which  is  taxable  according  to  the  laws  of  the  state  of  Kansas, 
which  levy  shall  be  approved  by  the  city  council ;  and  which  levy,  when 
so  approved,  the  clerk  of  the  board  shall  certify  to  the  county  clerk, 
who  is  hereby  authorized  and  required  to  place  the  same  on  the  tax  roll 
of  said  county,  to  be  collected  by  the  treasurer  of  the  county  as  are  other 
taxes,  and  paid  over  by  him  to  the  treasurer  of  the  board  of  education, 
of  whom  he  shall  take  receipt  in  duplicate,  one  of  which  he  shall  file  in 
his  office,  and  the  other  he  shall  forthwith  transmit  to  the  clerk  of  the 
board  of  education. 

Taxable  Property.— SEC.  173.  [Laws  1876,  Ch.  122,  Art.ll,  Sec.  19.] 
The  taxable  property  of  the  whole  city,  including  the  territory  attached 
for  school  purposes,  shall  be  subject  to  taxation.  All  taxes  collected 
for  the  benefit  of  the  schools  shall  be  paid  in  money,  and  shall  be  placed 
in  the  hands  of  the  treasurer,  subject  to  the  order  of  the  board  of  edu- 
cation. 

Meetings  of  the  Board.— SEC.  174.  [Laws  1876,  Ch.  122,  Art.  11, 
Sec.  20.]  The  regular  meetings  of  the  board  of  education  shall  be  upon 
the  first  Monday  of  each  month,  but  special  meetings  may  be  held  from 
time  to  time,  as  circumstances  may  demand. 

Annual  Report.— SEC.  175.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  21.] 
The  board  of  education,  at  the  close  of  each  school  year,  or  as  soon  there- 
after as  practicable,  shall  make  an  annual  report  of  the  progress,  pros- 
perity and  condition,  financial  as  well  as  educational,  of  all  the  schools 
under  their  charge ;  and  said  report,  or  such  portion  of  it  as  the  board 
of  education  shall  consider  of  advantage  to  the  public,  shall  be  printed, 
either  in  a  public  newspaper  or  in  pamphlet  form. 

Expenditures;  Contracts.— SEC.  176.  [Laws  1876,  Ch.  122,  Art. 
11,  Sec.  22.]  No  expenditures  involving  an  amount  greater  than  two 
hundred  dollars  shall  be  made  except  in  accordance  with  the  provisions 
of  a  written  contract,  and  no  contract  involving  an  expenditure  of  more 
than  five  hundred  dollars  for  the  purpose  of  erecting  any  public  build- 
ings or  making  any  improvements  shall  be  made  except  upon  sealed 
proposals,  and  to  the  lowest  responsible  bidder. 
^  Sectarian  Doctrine.— SEC.  177.  [Laws  1876,  Ch.  122,  Art.  11, 
Sec.  23.]  No  sectarian  doctrine  shall  be  taught  or  inculcated  in  any  of  the 
public  schools  of  the  city;  but  the  holy  scriptures,  without  note  or  com- 
ment, may  be  used  therein. 


SCHOOL   LAWS   OF   KANSAS.  55 

Bond.— SEC.  178.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  24.]  When- 
ever it  shall  become  necessary,  by  the  board  of  education,  in  order  to 
raise  sufficient  funds  for  the  purchase  of  a  school  site  or  sites,  or  to  erect 
a  suitable  building  or  buildings  thereon,  or  to  fund  any  bonded  indebt- 
edness, it  shall  be  lawful  for  the  board  of  education  of  every  city  coming 
under  the  provisions  of  this  act  to  borrow  money,  for  which  they  are 
hereby  authorized  and  empowered  to  issue  bonds  bearing  a  rate  of  inter- 
est not  exceeding  ten  per  cent,  per  annum,  payable  annually  or  semi- 
annually,  at  such  place  as  may  be  mentioned  upon  the  face  of  said  bonds, 
which  bonds  shall  be  payable  in  not  more  than  twenty  years  from  their 
date;  and  the  board  of  education  is  hereby  authorized  and  empowered 
to  sell  such  bonds  at  not  less  than  ninety  cents  on  the  dollar:  Provided, 
That  no  bonds  shall  be  issued  until  the  question  shall  be  submitted  to 
the  people,  and  a  majority  of  the  qualified  electors  who  shall  vote  on  the 
question  at  an  election  called  for  that  purpose  shall  have  declared  by 
their  votes  in  favor  of  issuing  such  bonds. 

Bond  Election.— SEC.  179.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  25.] 
It  shall  be  the  duty  of  the  mayor  of  each  city  governed  by  this  act,  upon 
the  request  of  the  board  of  education,  forthwith  to  call  an  election,  to 
be  conducted  in  all  respects  as  are  the  elections  for  city  officers  in  the 
same  cities,  except  that  the  returns  shall  be  made  to  the  board  of  educa- 
tion for  the  purpose  of  taking  the  sense  of  such  district  upon  the  ques- 
tion of  issuing  such  bonds,  naming  in  the  proclamation  of  such  election 
the  amount  of  bonds  asked  for,  and  the  purpose  for  which  they  are  to  be 
issued. 

Execution  of  Bonds.— SEC.  180.  [Laws  1876,  Ch.  122,  Art.  11, 
SEC.  26.]  The  bonds,  the  issuance  of  which  is  provided  for  in  the  fore- 
going section,  shall  be  signed  by  the  president,  attested  by  the  clerk  and 
countersigned  by  the  treasurer  of  the  board  of  education ;  and  said  bonds 
shall  specify  the  rate  of  interest  and  the  time  when  principal  and  inter- 
est shall  be  paid,  and  each  bond  so  issued  shall  be  for  a  sum  not  less 
than  fifty  dollars. 

Levy  for  Interest  and  Sinking  Funds.— SEC.  181.  [Laws  1876, 
Ch.  122,  Art.  11,  Sec.  27.]  The  board  of  education,  at  the  time  of  its 
annual  levy  of  taxes  for  the  support  of  schools,  as  hereinbefore  pro- 
vided, shall  also  levy  a  sufficient  amount  to  pay  the  interest  as  the  same 
accrues  on  all  bonds  issued  under  the  provisions  of  this  article,  and  also 
to  create  a  sinking  fund  for  the  redemption  of  said  bonds,  which  it  shall 
levy  and  collect,  in  addition  to  the  rate  per  cent,  authorized  by  the  pro- 
visions aforesaid  for  school  purposes;  and  said  amount  of  funds,  when 
paid  into  the  treasury,  shall  be  and  remain  a  specific  fund  for  said  pur- 


56  SCHOOL   LAWS   OF   KANSAS. 

pose  only,  and  shall  not  be  appropriated  in  any  other  way  except  as 
hereinafter  provided. 

Use  of  Sinking  Fund.— SEC.  182.  [Laws  1876,  Ch,  122,  Art.  11, 
Sec.  28.]  All  moneys  raised  for  the  purpose  of  creating  a  sinking  fund 
for  the  final  redemption  of  all  bonds  issued  under  this  article,  shall  be 
invested  annually  by  the  board  of  education'  in  bonds  of  the  state  of 
Kansas,  or  of  the  United  States,  or  the  board  may  buy  and  cancel  the 
bonds  of  the  district  whenever  such  may  be  purchased  at  or  below  par. 

Interest— SEC.  183.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  29.]  When- 
ever the  interest  coupons  of  the  bonds  hereinbefore  authorized  shall  be- 
come due,  they  shall  be  promptly  paid  on  presentation,  by  the  treasurer, 
out  of  money  in  his  hands  collected  for  that  purpose;  and  he  shall  in- 
dorse upon  the  face  of  such  coupons  in  red  ink  the  word  "Paid,"  and 
the  date  of  payment,  and  sign  the  initials  of  his  name. 

Security.— SEC.  184.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  30.]  The 
school  fund  and  property  of  such  city  and  territory  attached  for  school 
purposes  is  hereby  pledged  to  the  payment  of  the  interest  and  principal 
of  the  bonds  mentioned  in  this  article,  as  the  same  may  become  due. 

Bond  Registry.— SEC.  185.  .[Laws  1876,  Ch.122,  Art.  11,  Sec.  31.] 
It  shall  be  the  duty  of  the  clerk  of  the  board  of  education  to  register 
in  a  book  provided  for  that  purpose  the  bonds  issued  under  this  article, 
and  all  warrants  issued  by  the  board,  which  said  register  shall  show 
the  number,  date  and  amount  of  said  bonds,  and  to  whom  made  payable. 

Oath  of  Office.— SEC.  186.  [Laws  1876,  Ch.  122,  Art.  11,  Sec.  32.] 
Each  member^  of  the  board  of  education  and  officer  provided  for  in  this 
article  shall  take  and  subscribe  an  oath  or  affirmation  to  support  the 
constitution  of  the  United  States,  the  constitution  of  the  State  of  Kan- 
sas, and  faithfully  to  perform  the  duties  of  his  office.  The  oath  and 
bond  of  the  clerk  shall  be  filed  with  the  treasurer;  all  other  oaths  and 
bonds  shall  be  filed  with  the  clerk. 

Treasurer  of  the  Board.— SEC.  187.  [Laws  1879,  Ch.  83,  Sec.  1.] 
There  shall  be  elected  on  the  first  Tuesday  of  April,  eighteen  hundred 
and  seventy-nine,  and  every  year  thereafter,  such  councilmen,  members 
of  the  board  of  education,  justices  of  the  peace  and  constables,  as  are 
required  by  law  to  be  chosen  at  such  election ;  and  at  such  first  election 
as  herein  provided,  and  on  every  alternate  year  thereafter,  there  shall  be 
elected  a  mayor,  city  treasurer,  police  judge,  city  attorney,  and  treasurer 
of  the  board  of  education.  The  mayor  shall  appoint,  by  and  with  the 
consent  of  the  council,  a  city  marshal,  a  city  clerk  and  city  assessor,  and 
may  appoint  an  assistant  marshal,  city  engineer,  street  commissioner, 
and  such  policemen  and  other  officers  as  they  may  deem  necessary.  The 
officers  so  appointed  and  confirmed  shall  hold  their  offices  for  the  term 


SCHOOL   LAWS   OF    KANSAS. 


57 


of  one  year,  and  until  their  successors  are  appointed  and  qualified.  The 
council  shall  by  ordinance  specify  their  duties  and  compensation,  and  by 
ordinance  abolish  any  office  created  by  them  whenever  they  may  deem 
it  expedient.  The  councilmen,  members  of  the  board  of  education,  jus- 
tices of  the  peace,  mayor,  city  treasurer,  police  judge,  city  attorney,  and 
treasurer  of  the  board  of  education,  shall  hold  their  offices  for  the  term 
of  two  years,  and  all  other  officers  for  the  term  of  one  year:  Provided, 
At  the  first  annual  election  after  the  organization  of  any  city  there  shall 
be  two  councilmen  and  two  members  of  the  board  of  education  .elected 
from  each  ward,  one  of  whom  shall  serve  for  one  year  and  one  for  two 
years,  and  one  councilman  and  one  member  of  the  board  of  education 
shall  be  elected  from  each  ward  at  each  annual  election  thereafter:  Pro- 
vided, That  no  member  of  the  board  of  education  shall  be  a  member  of 
the  council,  nor  shall  any  member  of  the  council  be  a  member  of  the 
board  of  education. 


ARTICLE  XII.— PUBLIC  SCHOOLS  IN  PITIES  OF  THE  THIRD  CLASS. 
?188.  Cities  of  the  third  class  defined;  government    g!89.  Shall  not  be  detached  for  school  districts,  etc 
of  public  schools. 

Defined.— SEC.  188.  [Laws  1876,  Ch.  122,  Art.  12,  Sec.  1.]  Public 
schools  in  incorporated  cities  which  have  not  less  than  two  hundred 
and  fifty  and  not  over  two  thousand  inhabitants, 'if  not  otherwise  pro- 
vided for  by  law,  shall  be  governed  by  the  provisions  of  this  act  which 
apply  to  the  organization  and  maintenance  of  district  schools  or  of  union 
or  graded  schools. 

Area.— SEC.  189.  [Laws  1876,  Ch.  122,  Art.  12,  Sec.  2.]  That  no  por- 
tion of  the  corporation  of  a  city  of  the  third  class  shall  be  detached  from 
the  school  district  in  which  the  city  is  located,  and  the  whole  of  such 
corporation  shall  be  and  remain  in  one  school  district  for  the  purpose  of 
schools  and  taxation. 


ARTICLE  XIIL— SCHOOL-DISTRICT  BONDS. 


£190.  Purposes  for  which  district  bonds  may  be  is- 
sued, and  restrictions  concerning  the  same. 

191.  Bond  elections  '^notices  of,  and  how  conducted. 

192.  Denominations,  rates  of  interest,  and  disposal 

of  bonds. 

193.  Bonds  must  be  registered. 

194.  Sinking  fund,  how  provided  and  invested. 

195.  Penalty  for  issuing  bonds  without  authority, 

and  for  misappropriation  of  the  proceeds. 

196.  Final  disposition  of  paid  bonds  and  coupons. 

197.  Districts  not  affected  by  this  act. 

198.  Bond  laws  repealed. 

199.  The  time  of  payment  of  bonds  belonging  to 

the  state  permanent  school  fund  may  be 
extended.  * 


$200.  Bonds   belonging   to  the   state    permanent 
school  fund  may  be  paid  before  maturity. 

201.  Payment  of  bonds  belonging  to  the  state  per- 

manent school  fund  to  be  made  to  the  state 
treasurer. 

202.  State  treasurer  to  inform  county  and  city 

treasurers  of  bonds  belonging  to  the  state 
permanent  school  fund. 

203.  Remittance  of  funds  to  state  treasurer. 

204.  Bonds  to  be  canceled  by  state  treasurer. 

205.  Penalty  for  city  and  county  treasurers  refus- 

ing to  act. 


58  SCHOOL    LAWS   OF   KANSAS. 

School -District  Bonds.— SEC.  190.  [Laws  1879,  Ch.  49,  Sec.  1.] 
That  for  the  purpose  of  erecting  or  purchasing  one  or  more  school  houses 
in  and  for  any  school  district  in  the  state  of  Kansas,  the  board  of  direct- 
ors of  the  same  shall  have  power  to  issue  the  bonds  of  the  district  in 
an  amount  not  to  exceed  five  per  cent,  of  its  taxable  property;  as  shown 
in  the  last  assessment  thereof.  And  for  the  purpose  of  extending  the 
time  of  payment  of  the  bonded  indebtedness  of  any  school  district,  the 
board  of  directors  of  the  same  shall  have  the  power  to  issue  the  bonds 
of  the  district  in  a  sum  not  to  exceed  in  amount  its  outstanding  bonded 
indebtedness :  Provided,  That  no  such  bonds  shall  be  issued  until,  at 
an  election  called  for  that  purpose,  the  question  shall  have  been,  sub- 
mitted to  the  qualified  electors  of  the  district,  and  a  majority  of  all  the 
qualified  electors  in  the  district  shall  have  declared  by  their  votes  in 
favor  of  issuing  the  same:  And  provided  further,  That  no  such  election 
shall  be  ordered  unless  a  petition  stating  the  purpose  for  which  the  bonds 
are  to  be  issued  and  signed  by  at  least  one-third  of  the  qualified  electors 
of  said  district,  and  in  no  case  less  than  ten  qualified  electors  of  said 
district,  shall  have  been  presented  to  the  district  board,  praying  that  a 
vote  be  taken  for  the  issuing  of  such  amount  of  bonds  as  may  be  asked 
for  therein :  And  provided  further,  That  it  shall  be  unlawful  for  any 
school  district  to  create  any  bonded  indebtedness  unless  there  are  at  least 
twenty-five  persons  between  the  ages  of  five  and  twenty-one  years  actu- 
ally residing  within  the  limits  thereof,  as  shown  by  a  sworn  census  re- 
turn, taken  by  the  direction  of  the  board  of  directors  of  such  school 
district. 

Election.— SEC.  191.  [Laws  1879,  Ch.  49,  Sec.  2.]  Whenever  such  a 
petition,  so  signed,  shall  be  presented  to  the  board  of  directors  of  any 
school  district,  praying  that  a  vote  be  taken  on  the  question  of  issuing 
the  bonds  of  the  said  district,  it  shall  be  the  duty  of  the  district  board 
immediately  to  order  an  election  for  the  purpose  of  determining  the 
question  of  the  issuing  of  the  bonds  as  prayed  for,  and  forthwith  to  give 
notice  by  posting  up  written  or  printed  notices  signed  by  the  clerk,  in 
five  of  the  most  public  places  in  the  district,  which  notices  shall  be  posted 
up  at  least  ten  days  before  such  election,  and  shall  state  therein  the  object 
for  which  the  election  was  called  and  the  manner  in  which  the  question 
shall  be  voted  upon.  The  said  election  shall  be  conducted  in  all  respects 
as  are  general  elections  under  the  laws  of  the  state,  except  that  females 
of  the  age  of  twenty-one  years  shall  be  entitled  to  vote  at  all  such  elec- 
lons,  subject  only  to  the  exceptions  applied  to  males;  and  the  returns  of 
the  election  shall  be  the  same,  except  that  they  shall  be  made  to  the  dis- 
trict board. 


SCHOOL    LAWS   OF   KANSAS.  59 

Issuance.— SEC.  192.  [Laws  1879,  Ch. 49,  Sec.  3.]  The  bonds  herein 
provided  for  shall  be  issued  in  denominations  of  not  less  than  one  hun- 
dred dollars  nor  more  than  five  hundred  dollars  each ;  they  shall  bear 
interest  at  a  rate  not  to  exceed  seven  per  cent,  per  annum,  payable  semi- 
annually,  on  the  first  days  of  January  and  July  of  each  year,  at  such 
place  as  shall  be  designated  in  the  bonds,  the  principal  of  the  bonds 
being  made  payable  within  fifteen  years  from  their  date.  These  bonds 
shall  specify  on  their  face  the  date  of  issue,  amount,  for  what  purpose 
and  to  whom  issued,  the  time  they  run,  the  rates  and  times  of  payment 
of  interest,  and  shall  have  coupons  attached  for  the  interest  as  it  becomes 
due,  said  coupons  being  so  arranged  that  the  last  one  shall  fall  due  at  the 
time  of  the  maturity  of  the  bond.  Said  bonds  and  the  coupons  thereto 
attached  shall  be  signed  by  the  director  and  countersigned  by  the  clerk, 
and  after  registration  by  the  county  clerk,  shall  be  negotiable  and  trans- 
ferable by  delivery,  and  may  be  disposed  of  by  the  district  board  at  not 
less  than  ninety-five  cents  on  the  dollar,  and  the  proceeds  of  the  same 
applied  as  provided  for  in  the  petition  at  which  issuance  of  the  bonds 
was  authorized. 

Registration.— SEC.  193.  [Laws  1879,  Ch.  49,  Sec.  4.]  Before  de- 
livering any  school-district  bonds,  the  board  of  directors  of  the  district 
issuing  the  same  shall  cause  them  to  be  registered  with  the  clerk  of  the 
county  in  which  the  said  district  is  located.  And  it  shall  be  the  duty 
of  the  county  clerk,  on  presentation  of  any  school  bonds  for  registry,  to 
register  the  same  in  a  book  prepared  for  that  purpose,  which  register 
shall  contain,  first,  the  number  of  the  district;  second,  the  number  of 
the  bond;  third,  date  of  bond;  fourth,  to  whom  payable;  fifth,  when 
[where]  payable;  sixth,  when  due;  seventh,  when  interest  is  due;  eighth, 
amount  of  bond.  The  county  clerk  shall  furnish  one  copy  of  his  regis- 
ter to  the  county  treasurer,  and  forward  one  copy  to  the  state  superin- 
tendent, together  with  a  statement,  showing,  first,  the  number  of  sections 
of  land  in  the  district  issuing  such  bonds ;  second,  the  number  of  acres 
of  land  assessed  and  subject  to  taxation  in  said  district;  third,  the  as- 
sessed valuation  of  taxable  lauds;  fourth,  the  assessed  valuation  of  all 
personal  property  in  such  district;  which  statement  shall  be  signed  by 
each  member  of  the  school  board  issuing  the  bonds,  and  the  county  clerk 
shall  certify  under  the  official  seal  of  his  office  to  the  correctness  of  the 
statement  and  the  genuineness  of  the  signatures  attached  thereto. 

Interest  and  Sinking  Fund.— SEC.  194.  [Laws  1879,  Ch.  49, 
Sec.  5.]  It  shall  be  th^  duty  of  the  board  of  county  commissioners  of 
each  county  to  levy,  annually,  upon  all  the  taxable  property  in  each  dis- 
trict in  such  county  a  tax  sufficient  to  pay  the  interest  accruing  upon  any 


(JO  SCHOOL    LAWS   OF   KANSAS. 

bond  issued  by  such  district,  and  to  provide  a  sinking  fund  for  the  final 
redemption  of  the  bonds,  such  levy  to  be  made  with  the  annual  levy  of 
the  county,  and  the  taxes  collected  with  other  taxes,  and  when  collected 
shall  be  and  remain  in  the  hands  of  the  county  treasurer,  a  specific  fund 
for  the  payment  of  the  interest  upon  such  bonds,  and  for  their  final  pay- 
ment at  maturity:  Provided,  That  moneys  in  the  hands  of  the  county 
treasurer  belonging  to  the  sinking  funds  of  the  several  school  districts  in 
such  county  shall  be  invested  by  the  county  treasurer,  first,  in  the  bonds 
of  the  district  to  which  said  sinking  fund  belongs,  provided  such  bonds 
can  be  purchased  at  a  price  not  exceeding  their  market  or  par  value; 
second,  in  the  bonds  of  other  school  districts  of  this  state  maturing  be- 
fore the  bonds  for  which  such  fund  is  raised,  provided  the  same  can  be 
purchased  at  a  price  not  exceeding  their  market  or  par  value;  third,  in 
the  bonds  of  the  state  of  Kansas,  or  of  the  United  States. 

Penalty.— SEC.  195.  [Laws  1879,  Ch.  49,  Sec.  6.]  If  any  school- 
district  officer,  whose  duty  it  is  under  the  provisions  of  this  act  to  issue  or 
assist  in  any  manner  in  the  issuance  of  the  bonds  of  any  school  district, 
shall  prepare,  sign  or  deliver,  or  aid,  counsel  or  assist  in  preparing, 
signing  or  delivering,  or  shall  cause  to  be  prepared,  signed  or  delivered, 
any  bond  or  bonds  of  any  school  district,  at  any  time  before  such  bond 
or  bonds  are  authorized  by  this  act  to  be  prepared,  signed  or  delivered, 
such  officer  shall  be  guilty  of  a  felony,  and  upon  conviction  shall  be 
fined  in  a  sum  of  not  less  than  five  hundred  dollars  nor  more  than  five 
thousand  dollars,  or  by  imprisonment  in  the  penitentiary  for  not  less 
than  one  year  and  not  longer  than  five  years,  or  by  both  such  fine  and  im- 
prisonment. And  if  the  board  of  directors  of  any  school  district,  or  any 
member  thereof,  shall  use  or  dispose  of  any  school- district  bonds,  or  the 
money  accruing  from  the  sale  of  such  bonds,  in  any  other  manner  or  for 
any  other  purpose  than  that  for  which  the  same  was  created  or  intended, 
he  or  they  shall  be  liable  to  be  punished  by  fine  in  any  sum  not  less 
than  one  thousand  dollars,  by  information  or  indictment  in  any  court 
of  competent  jurisdiction,  or  by  imprisonment  in  the  county  jail  not 
more  than  six  months,  or  by  both  such  fine  and  imprisonment. 

Final  Disposition.— SEC.  196.  [Laws  1879,  Ch.  49,  Sec.  7.]  Oo 
the  payment  of  the  bonds  or  coupons  of  any  school  district,  the  county 
treasurer  shall  immediately  cancel  the  same,  and  indorse  thereon  the 
date  of  payment;  and  at  the  time  of  his  settlements  with  the  several 
school-district  treasurers  of  his  county,  he  shall  deliver  to  each  the  can- 
celed bonds  and  coupons  of  his  district,  and  take  a  receipt  therefor,  and 
such  canceled  bonds  and  coupons  shall  be  destroyed  by  the  district  treas- 
urer in  the  presence  of  all  the  officers  of  the  district,  a  complete  record 
of  their  destruction  being  made  by  the  district  clerk.  On  the  last  Sat- 


SCHOOL   LAWS    OF   KANSAS.  61 

urday  of  July  of  each  year,  each  and  every  county  treasurer  shall  make 
to  the  clerk  of  his  county  a  detailed  report  of  all  the  bonds  and  coupons 
canceled  during  the  year,  and  the  date  of  payment  of  the  same,  accom- 
panied by  the  receipts  given  by  district  treasurers  therefor ;  and  the 
county  clerk  shall  immediately  thereafter  cancel  the  registry  of  all  such 
bonds  and  coupons  by  indorsing  thereon  the  date  of  payment  of  each. 

Rights  Saved.— SEC.  197.  [Laws  1879,  Ch.  49,  Sec.  8.]  The  pro- 
visions of  this  act  shall  not  tipply  to  any  school  district  where  any  elec- 
tion has  already  been  held  for  the  purpose  of  authorizing  the  issue  of 
school-district  bonds,  but  the  same  shall  be  issued  as  now  provided  by 
law. 

Repealing  Clause.— SEC.  198.  [Laws  1879,  Ch.  49, Sec.  9.]  Arti- 
cle thirteen  of  chapter  one  hundred  and  twenty-two,  laws  of  eighteen 
hundred  and  seventy-six ;  section  five  of  chapter  one  hundred  and  twenty- 
four,  laws  of  eighteen  hundred  and  seventy-four;  chapter  one  hundred 
and  twenty- four,  laws  of  eighteen  hundred  and  seventy-six;  and  chapter 
forty-four,  laws  of  eighteen  hundred  and  seventy-seven,  are  hereby 
repealed. 

Time  Extended.— SEC.  199.  [Laws  1879,  Ch.  160,  Sec.  1.]  The 
board  of  commissioners  for  the  management  of  the  state  permanent  school 
funds  shall  have  the  power,  and  it  is  hereby  made  the  duty  of  said  board, 
to  exchange  any  school-district  bonds  belonging  to  the  permanent  school 
funds  now  in  the  state  treasury,  for  other  bonds  of  the  same  district  bear- 
ing a  lower  rate  of  interest,  and  running  a  longer  time  than  the  bonds 
exchanged:  Provided,  That  they  shall  not  purchase  any  funding  bonds 
running  a  less  time  than  five  years:  And  provided  further,  That  the  rate 
of  interest  on  bonds  running  from  five  to  fifteen  years  shall  be  seven  per 
cent,  per  annum ;  and  on  bonds  running  longer  than  fifteen  years  the  rate 
of  interest  shall  be  six  per  cent,  per  annum. 

Payment  before  Maturity.— SEC.  200.  [Laws  1879,  Ch.  160, 
Se#.  2.]  If  at  any  time  any  board  of  education  or  school  district  shall  have 
accumulated  in  the  treasury  sinking  fund  sufficient  to  pay  in  full  any 
bond  or  bonds  issued  by  such  board  or  district  before  their  maturity,  the 
permanent  school  fund  being  the  holders  thereof,  such  board  of  educa- 
tion or  school  district  may  pay  the  same  to  the  state  treasurer  and  take 
up  such  bond  or  bonds,  and  the  state  treasurer  is  hereby  authorized  to 
receive  the  same,  and  to  cancel  such  bond  or  bonds  and  the  unmatured 
coupons  attached  thereto,  and  deliver  the  same,  so  canceled,  to  the  offi- 
cer paying  the  amount :  Provided,  That  the  state  treasurer,  before  deliv- 
ering said  bond  or  bonds,  shall  present  the  same  to  the  auditor  of  state, 
together  with  a  statement  showing  the  amount  of  coupons  upon  which 
no  moneys  have  been  received;  and  upon  examining  such  statement, 


62  SCHOOL    LAWS   OF    KANSAS. 

and  comparing  it  with  the  coupons  attached  to  such  bond  or  bonds,  the 
auditor  shall  credit  the  treasury  with  the  amounts  shown  to  be  canceled 
before  maturity:  Provided,  That  nothing  in  this  section  shall  be  con- 
strued to  apply  to  bonds  exchanged  under  the  provision  of  section  one 
of  this  act. 

Payable  at  State  Treasury.— SEC.  201.  [Laws  1877,  Ch.  174, 
Sec.  1.]  From  and  after  the  passage  of  this  act,  the  interest  and  principal 
of  all  bonds  now  belonging  or  which  may  hereafter  belong  to  the  perma- 
nent school  fund  or  sinking  fund  of  the  state  of  Kansas,  which  have  been 
or  may  hereafter  be  issued  under  and  pursuant  to  the  laws  of  said  state, 
shall  be  payable  at  the  office  of  the  state  treasurer. 

State  Treasurer.— SEC.  202.  [Laws  1877,  Ch.  174,  Sec.  2.]  At 
least  thirty  days  before  the  maturity  of  any  bonds  or  coupons  belonging 
to  the  permanent  school  fund  or  sinking  fund,  it  shall  be  the  duty  of  the 
state  treasurer  to  furnish  a  detailed  statement  to  each  county  or  city 
treasurer,  or  the  treasurer  of  any  board  of  education,  of  the  amount  due 
from  them  respectively,  describing  in  such  statement  the  number  of  the 
district  or  the  name  of  the  city,  the  amount  of  interest  due,  and  the 
amount  of  principal  due,  if  any. 

County  and  City  Treasurers,— SEC.  203.  [Laws  1877,  Ch.  174, 
Sec.  3.]  It  shall  be  the  duty  of  each  county  and  city  treasurer,  and  the 
treasurers  of  boards  of  education,  to  remit  to  the  state  treasurer,  at  least 
ten  days  before  the  maturity  of  any  bonds  or  coupons,  all  moneys  col- 
lected by  them  for  the  redemption  of  such  bonds  and  coupons  ;  and  all 
express  charges  and  postage  shall  be  a  proper  charge  against  such  city 
or  school  district,  and  shall  be  allowed  to  such  treasurer  on  settlement. 

Cancellation.— SEC.  204.  [Laws  1877,  Ch.  174,  Sec.  4.]  On  receipt 
of  any  funds  by  the  state  treasurer,  he  shall  immediately  cancel  all  cou- 
pons or  bonds  for  which  funds  are  remitted,  and  return  such  coupons  or 
bonds  to  the.office  of  the  treasurer  remitting  for  the  same. 

Penalty.— SEC.  205.  [Laws  1877,  Ch.  174,  Sec.  5.]  Any  county  or 
city  treasurer,  or  treasurer  of  any  board  of  education,  who  shall  neglect 
or  refuse  to  perform  the  duties  required  of  him  by  this  act,  shall  be  lia- 
ble to  the  state  in  a  sum  equal  to  double  the  amonnt  of  such  bonds  or 
coupons  remaining  unpaid  by  reason  of  such  neglect  or  refusal,  which 
may  be  recovered  in  a  suit  at  law  against  such  treasurer  and  his  bonds- 
men; and  it  is  hereby  made  the  duty  of  the  county  attorney  of  the 
proper  county,  upon  the  request  of  the  attorney  general,  to  prosecute  all 
such  suits. 


SCHOOL    LAWS    OF    KANSAS. 


63 


ARTICLE  XIV.— SCHOOL  LANDS. 


g  206.  What  school  lands  may  be  sold.  j  §  225. 

207.  Petition  for  sale  to  be  signed,  etc.;  appoint-  | 

ment  and  duties  of  appraisers;  minimum  j 
price.  i    226. 

208.  County  clerk  shall  record  appointment  and  [    227. 

file  appraisement. 

209.  Persons  who  may  claim  privilege  of  purchas- 

ing at  appraised  value;  claimant  must  file  \ 
petition  in  probate  court.  228. 

210.  Proceedings  in  probate  court;  right  of  ap- 

peal. 

211.  Claimant  may  purchase  one  quarter-section 

at  appraised  value,  when ;  county  treasurer      229. 
shall  dispose  of  unsold  portion,  how. 

212.  Terms  of  payment  for  other  lands.  230. 

213.  County  clerk  shall  issue  certificate  to  pur-  , 

chaser;    attorney    general    shall    prepare  j    231. 
form  for  certificate.  232. 

214.  Interest  on  deferred  payments,  how  appro- 

priated. 233. 

215.  Purchaser  credited  on  record  of  county  clerk,      234. 

how. 

216.  Clerk  shall  transmit  to  auditor,  when.  235. 

217.  State   auditor   shall  debit  and   credit  each 

county  treasurer,  how.  236. 

218.  County  treasurer  shall  pay  over  moneys  to      237. 

state  treasurer,  when ;  penalty  for  failure 

to  pay  over.  238. 

219.  Purchaser  shall  not  commit    waste ;    lands  j 

purchased  under  this  act  are  taxable. 

220.  Governor  shall  issue  patent  to   purchaser, 

when. 

221.  In  case  of  failure  to  pay  interest,  etc.,  when,      240. 

due,  title  to  land  forfeited  ;  county  attorney      241. 
shall  proceed  to  eject. 

222.  Forfeited  lands  may  be  reappraised,  when. 

223.  Who  shall  not  be  allowed  to  purchase.  242. 

224.  Proceeds  of  sale,  how  invested. 


May  be  Sold,— SEC.  206.  [Laws  1876,  Oh.  122,  Art.  14,  Sec.  1.] 
All  lands  granted  by  the  congress  of  the  United  States  for  school  pur- 
poses, known  as  sections  sixty  [sixteen]  and  thirty-six,  together  with 
all  such  as  hav£  been  granted  in  lieu  of  said  sections,  may  be  sold,  and 
such  sale  shall  be  regulated  by  the  provisions  of  this  act. 

Appraisement— SEC.  207.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  2.] 
Whenever  twenty  householders  of  any  organized  township  in  which  the 
land  is  situated,  shall  petition  the  superintendent  of  public  schools  of 
such  county  to  expose  to  sale  any  portion  or  portions  of  said  land, 
describing  the  same,  he  shall,  by  and  with  the  consent  of  the  county 
commissioners  of  his  county,  appoint,  in  writing,  three  disinterested 
householders,  residing  in  the  county  in  which  said  land  is  situated,  who, 
being  first  duly  sworn  by  an  officer  authorized  to  administer  oaths,  to 
faithfully  perform  their  duties,  shall  appraise  each  legal  subdivision  of 


Lands  may  be  sold  at  private  sale  to  actual 
settlers,  when,  in  what  quantities,  and  at 
what  price. 

Privilege  of  school  district  to  purchase  site. 

Fees  allowed  for  specified  services  ;  timbered 
lands  may  be  surveyed ;  county  treasurer 
shall  pay  on  order  of  county  superintend- 
ent. 

County  superintendent  shall  transmit  ab- 
stract of  orders  to  state  auditor,  when ; 
state  treasurer  shall  give  additional  bonds 
as  custodian  of  bonds  and  securities. 

State  auditor  shall  include  in  his  annual  re- 
port a  statement  of  sales  of  school  lands. 

County  clerk  shall  furnish  state  auditor  with 
requisite  data  for  a  report. 

Penalty  for  trespass  on  school  land ;  fine. 

Trespasser  shall  be  brought  before  justice, 
how. 

Procedure  in  justices'  courts. 

Court  having  criminal  jurisdiction  shall  give 
special  charge  to  grand  jury. 

Duty  of  whom  to  take  notice  and  file  com- 
plaint. 

County  attorney  shall  prosecute. 

Fines  collected  for  trespass  to  be  paid  into 
the  county  school  fund. 

Purchasers  may  recover  forfeited  rights, 
when. 

County  clerk  shall  report  sales  of  school  lands 
to  state  auditor,  when  ;  penalty  for  failure 
to  report. 

Duty  of  auditor,  if  clerk  fails  to  report. 

Purchaser  shall  pay,  annually,  the  amounts 
specified  in  his  bond,  and  shall  receive 
from  county  treasurer  duplicate  receipts. 

Duty  of  auditor  if  county  treasurer  fails  to 
pay  over  moneys  arising  from  sale  of  school 


64  SCHOOL   LAWS   OF   KANSAS. 

said  land  separately  at  its  real  value,  and  return  their  appraisement  in 
writing,  signed  by  them,  to  the  clerk  of  the  county;  and  in  case  any 
parcel  of  the  said  lauds  shall  have  been  improved,  the  said  appraisers 
shall,  in  addition  to  the  appraisement  of  the  land,  return  and  file  with 
the  same  a  separate  appraisement  of  the  improvements  upon  the  land: 
Provided,  That  no  appraisement  of  land' for  less  than  three  dollars  per 
acre  shall  be  of  any  validity  or  entitle  any  person  to  the  provisions  of 

this  act. 

County  Clerk.— SEC.  208.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  3.] 
The  county  clerk  shall  immediately  file  the  said  appointment  and  ap- 
praisement of  said  appraisers  in  his  office,  and  record  the  same  in  a  book 
kept  for  that  purpose. 

Settlers'  Rights.— SEC.  209.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  4.] 
Any  person  who  has  settled  upon  and  improved  any  portion  of  school 
lands  prior  to  the  appraisement,  may,  within  sixty  days  from  its  ap- 
praisement, file  in  the  probate  court  of  his  county  a  petition,  stating  that 
he  has  settled  upon  and  improved  said  lands;  that  the  same  have  been 
appraised,  and  the  amount  of  the  appraisement,  and  asking  that  he  be 
allowed  to  purchase  the  same:  Provided,  That  the  heirs  of  deceased 
persons  who  have  made  improvements  upon  said  lands  shall  be  entitled 
to  all  the  rights  accruing  to  actual  residents  thereon. 

Proceedings  in  Probate  Court.— SEC.  210.  [Laws  1876,  Ch.  122, 
Art.  14,  Sec.  5.]  Said  court  shall  require  the  petitioner  to  prove  the 
facts  set  forth  in  his  petition,  and  the  superintendent  of  public  instruc- 
tion may  appear  and  introduce  testimony  to  controvert  said  facts;  and  if 
said  petitioner  fails  to  establish  the  truth  of  his  petition,  he  shall  be  ad- 
judged to  pay  the  costs.  If  he  feels  himself  aggrieved  by  the  decision 
of  said  court,  he  shall  have  the  right  to  appeal  to  the  district  court,  by 
filing  a  bond  within  fifteen  days  after  such  decision,  conditioned  that  he 
will  prosecute  the  appeal,  and  pay  all  damages  and  costs  that  may  be  ad- 
judged against  him.  The  state  shall  have  power  to  appeal  from  the 
decision  of  said  court,  by  the  superintendent  filing  a  notice  thereof, 
within  the  time  prescribed  for  the  appeal  by  the  petitioner;  and  when 
said  notice  shall  have  been  filed,  the  appeal  shall  be  granted,  and  the 
probate  court  shall  transmit  to  the  clerk  of  the  district  court  a  certified 
transcript  of  the  record  and  proceedings  relating  to  the  cause,  together 
with  the  original  papers  in  his  office  relating  thereto;  and  the  district 

SEC.  209.  Improvements  upon  school  land  entitle  the  owner  to  no  special  privileges  as  a  purchaser, 
unless  accompanied  by  actual  settlement,  made  prior  to  the  appraisement. 

A  person  who  has  settled  upon  and  improved  any  portion  of  school  lands  prior  to  the  appraisement, 
cannot,  before  he  has  actually  become  the  purchaser  of  the  same,  lawfully  remove  mineral  or  timber 
from  the  same,  even  for  use  upon  or  improvement  of  said  lands.  See  section  219,  and  section  231-237 
of  this  article. 


SCHOOL   LAWS   OF   KANSAS.  65 

court  shall  have  jurisdiction  of  the  cause,  and  shall  proceed  to  hear,  try, 
and  determine  the  same  anew,  without  regard  to  any  error,  defect,  or 
other  imperfection  in  the  proceedings  in  the  probate  court. 

Notice  of  Sale,  etc.— SEC.  2 1 1 .  [  Laws  1876,  Ch.  1 22,  Art.  14,  Sec.  6.] 
In  all  cases  where  the  court  shall  find  that  the  petitioner  has  settled  upon 
and  improved  school  lands,  as  set  forth  in  his  petition,  the  petitioner  may 
purchase  the  said  lands,  not  exceeding  one  quarter-section,  for  the  ap- 
praised value  thereof,  exclusive  of  the  value  of  the  improvements.  The 
county  treasurer  shall  then  offer  the  unsold  portion  of  all  school  lands 
for  sale  at  public  auction,  after  giving  four  weeks'  notice  thereof  in  some 
newspaper  published  in  such  county;  and  in  case  no  such  paper  is  pub- 
lished in  such  county,  then  said  notice  shall  be  given  by  posting  the  same 
at  each  voting  precinct  in  such  county  at  least  four  weeks  previous  to  the 
sale;  (and  that  any  person  may  and  shall  have  the  privilege  of  making 
a  bid  or  offer  for  said  lands,  between  the  hours  of  ten  o'clock  A.  M.  and 
three  o'clock  P.  M.  of  said  day  of  sale.)  Said  notice  shall  contain  a  de- 
scription of  the  land  and  improvements,  if  any,  thereon,  with  the  ap- 
praised value  thereof,  and  a  statement  (of  the  hours  of  sale,  which  shall 
be  between  the  hours  of  ten  o'clock  A.  M.  and  three  o'clock  p.  M.,  as  afore- 
said,) and  the  place  of  sale;  and  no  bid  at  said  sale  shall  be  received  for 
less  than  the  appraised  value  of  said  land  and  improvements.  Timber 
land  may  be  subdivided  into  lots  of  such  size  as  the  superintendent  of 
public  instruction  and  appraisers  may  deem  best;  and  in  all  cases  one- 
half  the  purchase-money  for  timber  land  shall  be  paid  at  the  time  of 
purchase,  and  the  purchaser  shall  give  a  good  and  sufficient  bond  for  the 
payment  of  the  remainder,  as  for  other  lands  sold  under  this  act. 

Terms  of  Payment— SEC.  212.  [Laws  1879,  Ch.  162, Sec.  1.]  Any 
person  purchasing  such  land  shall  pay  to  the  treasurer  of  the  county  in 
which  the  same  is  situate,  one- tenth  of  the  amount  of  the  purchase-money, 
taking  therefor  a  receipt,  which  he  shall  present  to  the  county  clerk, 
together  with  a  bond  in  double  the  amount  of  the  purchase-money  un- 
paid, conditioned  that  he  will  not  commit  waste  upon  said  land,  and  that 
he  will  pay  the  balance  of  said  purchase- money  in  twenty  years,  and  in- 
terest to  be  paid  annually  thereon  at  the  rate  of  seven  per  cent,  per  an- 
num, as  the  same  becomes  due:  Provided,  That  the  purchaser  may  pay 
the  balance  of  the  purchase-money  at  any  time,  or  in  installments  of  not 
less  than  twenty-five  dollars:  Provided,  also,  Any  person  having  here- 
tofore purchased  such  land  and  made  partial  payment  of  the  purchase- 
money  thereof,  and  who  has  not  defaulted  in  the  payment  of  interest  and 
taxes  due  upon  such  purchase,  may,  upon  the  expiration  of  the  time 
Avhen  the  unpaid  part  .of  such  purchase-money  becomes  due,  have  the 
5 


QQ  SCHOOL    LAWS    OF   KANSAS. 

time  of  said  final  payment  extended  twenty  years,  by  presenting  to  the 
county  clerk  of  the  county  in  which  said  land  is  situate  a  new  bond  in 
double  the  amount  of  the  purchase-money  remaining  unpaid,  said  bond 
conditioned  the  same  as  the  bond  aforementioned  in  this  section. 

Certificate  of  Purchase.— SEC.  213.  [Laws  1876,  Ch.  122,  Art. 
14,  Sec.  8.]  The  county  clerk  shall  thereupon  enter  the  amount  of  the 
purchase-money  on  the  land,  the  amount  paid  upon  the  same,  in  a  book 
kept  for  that  purpose,  and  shall  charge  the  same  to  the  county  treasurer 
in  the  records  of  the  county,  and  shall  issue  to  the  purchaser  a  certificate, 
under  the  seal  of  his  office,  showing  the  amount  paid,  the  amount  due, 
and  the  time  when  due,  with  interest,  and  that  upon  the  payment  of 
said  amount,  when  due,  with  interest,  he  will  be  entitled  to  a  patent  to 
said  land.  It  shall  be  the  duty  of  the  attorney  general  to  prepare  a 
proper  form  for  said  certificates  for  the  sale  of  said  land,  so  as  to  protect 
the  rights  of  the  state  and  of  the  purchaser,  his  heirs  and  assigns. 

Interest,  How  Applied.— SEC.  214.  [Laws  1876,  Ch.  122,  Art,  14, 
Sec.  9.]  The  interest  on  the  deferred  payments  of  the  lands  sold  under 
this  act  shall  be  annually  appropriated  to  the  support  of  schools,  as  other 
school  moneys,  under  the  direction  of  the  state  superintendent  of  public 
instruction,  as  provided  by  law. 

Credits.— SEC.  215.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  10.]  The 
purchaser,  when  he  pays  to  the  'county  treasurer  the  interest,  as  it  be- 
comes due,  or  any  portion  of  the  principal,  shall  take  a  receipt  for  the 
same,  which  he  shall  present  to  the  county  clerk,  who  shall  credit  him 
with  the  same,  and  charge  the  amount  to  the  treasurer. 

Abstracts.— SEC.  21 6.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  11.]  The 
county  clerk  shall,  semi-annually,  on  the  first  days  of  January  and  July 
of  each  year,  transmit  to  the  state  auditor  an  abstract  of  the  land  for 
which  he  has  issued  certificates  during  the  year,  the  amount  of  the  pur- 
chase-money for  the  same,  the  amount  paid  on  each  parcel  of  land,  and 
the  amount  paid  on  yearly  installments  for  the  current  year,  principal 
and  interest  separately. 

State  Auditor.— SEC.  217.  [  Laws  1876,  Ch.  122,  Art.  14,  Sec.  12.] 
The  auditor  shall  charge  each  of  the  treasurers  in  the  state  the  amount 
of  moneys  received  as  principal  and  interest,  separately,  from  the  sale  of 
school  lands  in^their  respective  counties,  as  certified  by  the  clerks  of  the 
several  counties,  and  upon  the  payment  of  the  said  moneys  to  the  treas- 
urer of  state,  and  the  presentation  of  the  state  treasurer's  receipt,  shall 
credit  the  several  treasurers  with  the  amount  of  the  same. 
^  County  Treasurers.— SEC.  218.  [Laws  1876,  Ch.  122,  Art.  14, 
Sec.  13.]  The  treasurers  of  the  several  counties  shall  pay  over,  semi- 
annually,  to  the  treasurer  of  the  state,  the  amount  received  in  their 


SCHOOL    LAWS    OF   KANSAS.  67 

counties  from  the  sale  of  school  land,  taking  receipts  therefor,  which, 
when  indorsed  by  the  auditor  of  state,  shall  be  presented  to  the  clerk  of 
his  county,  who  shall  credit  him  with  the  amount  of  the  same;  and  any 
treasurer  failing  so  to  do  shall  be  liable  in  double  the  amount  not  paid 
over,  on  his  official  bond,  to  be  recovered  by  action  in  the  district  court, 
in  the  name  of  the  state  of  Kansas. 

Waste;  Taxation,— SEC.  219.  [Laws  1879,  Ch.  161,  Sec.  1.]  No 
purchaser  of  school  land,  prior  to  his  obtaining  title  to  the  same,  shall 
commit  any  waste  upon  such  land,  or  take  or  remove  mineral  or  timber 
from  the  same,  other  than  for  use  upon  or  improvements  of  said  land. 
The  lands  purchased  under  this  act  shall  be  subject  to  taxation,  as  other 
lands ;  and  in  case  of  non-payment  of  any  taxes  charged  thereon,  the 
said  lands  may  be  sold,  as  in  other  cases,  but  the  purchaser  at  such  sale 
shall  be  subject  to  all  the  conditions  of  the  bond  of  the  original  maker, 
and  of  the  certificate  of  purchase  :  Provided,  That  such  purchaser  of  said 
school  land  shall  be  allowed  one  year  from  the  date  of  the  certificate  of 
sale  of  such  land  for  such  taxes,  in  which  to  redeem  from  such  tax  sale, 
by  complying  with  the  provisions  of  law  relating  to  the  redemption  of 
land  from  tax  sale,  and  paying  to  the  county  treasurer,  for  the  benefit 
of  the  holder  of  such  tax  certificate,  all  installments  of  interest  or  other 
payments  which  such  holder  of  tax  certificate  has  been  compelled  to  pay 
in  order  to  prevent  a  forfeiture  of  the  rights  of  purchaser  of  school  land, 
under  the  provisions  of  section  sixteen  of  this  act. 

Patent— SEC.  220.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  15.]  On  pre- 
sentation of  a  certificate  of  the  county  clerk,  showing  that  any  person 
has  paid  the  full  amount  of  the  purchase-money,  and  all  interest  due, 
for  any  portion  of  said  school  lands,  with  a  certificate  thereon,  indorsed 
by  the  auditor  of  state,  showing  that  he  has  charged  the  county  treas- 
urer of  the  county  where  the  land  is  situated  with  the  full  amount  of 
the  purchase- money  mentioned  in  said  certificate,  the  governor  of  the 
state  shall  issue  a  patent  to  the  purchaser,  his  heirs  or  assigns,  for  the 
same,  which  said  patent  shall  convey  to  the  patentee  a  full  title  in  fee 
simple  to  said  lands. 

Forfeiture;  Fees.— SEC.  221.  [Laws  1879,  Ch.  161,  Sec.  2.]  If  any 
purchaser  of  school  land  shall  fail  to  pay  the  annual  interest  when  the 
same  becomes  due,  or  the  balance  of  the  purchase-money  when  the  same 
becomes  due,  it  shall  be  the  duty  of  the  county  clerk  of  the  county  in 
which  such  land  is  situated,  immediately  to  issue  to  the  purchaser  a  no- 
tice in  writing,  notifying  such  purchaser  of  such  default,  and  that  if  such 
purchaser  fail  to  pay,  or  cause  to  be  paid,  the  amount  so  due,  together 
with  the  costs  of  issuing  and  serving  such  notice,  within  sixty  days  from 
the  service  thereof,  the  said  purchaser,  and  all  persons  claiming  under 


(Jg  SCHOOL    LAWS    OF    KANSAS. 

him,  will  forfeit  absolutely  all  right  and  interest  in  and  to  such  land 
under  said  purchase,  and  an  action  will  be  brought  to  eject  such  pur- 
chaser, and  all  persons  claiming  under  him,  from  such  land.  It  shall 
be  the  duty  of  said  county  clerk  to  include  in  such  notice  all  tracts  of 
land  sold  to  the  same  purchaser,  and  on  which  default  in  any  such  pay- 
ment then  exists.  The  notice  above  provided  for  shall  be  served  by 
the  sheriff  of  the  county,  by  delivering  a  copy  thereof  to  such  purchaser, 
if  found  in  the  county  —  also  to  all  persons  in  possession  of  such  land; 
and  if  such  purchaser  cannot  be  found,  and  no  person  is  in  possession 
of  said  land,  then  by  posting  the  same  up  in  a  conspicuous  place  in  the 
office  of  the  county  clerk.  And  in  case  such  land  or  any  part  thereof 
has  been  sold  for  taxes,  a  copy  of  such  notice  shall  be  delivered  to  such 
purchaser  at  tax  sale,  if  a  resident  of  the  county.  Said  sheriff  shall 
serve  such  notice  and  make  due  return  of  the  time  and  manner  of  such 
service  within  fifteen  days  from  the  time  of  his  receipt  of  the  same. 
The  sheriff  shall  be  entitled  to  the  same  fees  and  mileage  for  serving  the 
same  as  allowed  by  law  for  serving  summons  in  civil  actions.  If  such 
purchaser  shall  fail  to  pay  the  sum  so  due,  and  all  costs  incident  to  the 
issue  and  service  of  said  notice,  within  sixty  days  from  the  time  of  the 
service  or  posting  of  such  notice  as  above  provided,  such  purchaser  and 
all  persons  claiming  under  him  shall  forfeit  absolutely  all  rights  and 
interest  in  and  to  such  land,  under  and  by  virtue  of  such  purchase.  And 
the  county  attorney  shall  proceed  to  eject  him  and  all  persons  claiming 
under  him  from  said  premises,  if  in  possession.  If  the  costs  of  the  is- 
sue and  service  of  the  notice  above  provided  for  be  not  paid  by  the  pur- 
chaser of  such  land,  the  same  shall  be  paid  by  the  county  treasurer  out 
of  the  proceeds  of  the  sale  of  school  lands  in  his  hands,  upon  the  order 
of  the  county  superintendent  of  public  instruction,  made  upon  the  affi- 
davits of  the  officers  to  whom  the  same  are  due,  showing  the  amount 
and  correctness  of  the  same:  Provided,  In  all  cases  of  the  sale  of  school 
lands  heretofore  made,  when  the  purchaser  or  purchasers  thereof  have 
made  partial  payments  therefor,  and  have  forfeited  the  same  by  law,  and 
the  money  already  paid  thereon,  and  when  the  said  purchaser  or  pur- 
chasers thereof  have  not  been  ejected,  the  person  or  persons  having  made 
such  partial  payment  or  payments,  their  heirs  or  assigns,  may  renew 
their  right  to  retain  said  lands  by  making  full  payment  of  all  interest 
that  may  be  due,  with  interest  at  the  rate  of  ten  per  cent,  per  annum 
on  all  interest  in  default  from  the  date  of  default  to  date  of  full  pay- 
ment: Provided,  Such  payment  shall  be  made  within  six  months  from 
the  first  day  of  April,  ]  879  :  And  provided,  When  such  lands  shall  have 
been  disposed  of  to  other  persons,  in  pursuance  of  law,  no  interest  ob- 
tained shall  be  affected  by  this  act :  And  provided  further,  That  all  ex- 


SCHOOL    LAWS    OF    KANSAS.  69 

penses  that  may  be  incurred  under  this  act  shall  be  borne  by  those 
seeking  to  avail  themselves  of  the  benefits  of  this  act. 

Forfeited  Lands.— SEC.  222.  [Laws  1879,  Ch.  161,  Sec.  3.]  Land 
from  which  purchasers  have  been  ejected,  and  lands  which  have  been 
forfeited,  and  which  are  unoccupied  by  the  purchaser  or  his  assigns, 
shall  be  reappraised,  and  may  be  purchased  by  any  person  in  accordance 
with  the  provisions  of  this  act,  and  in  all  cases  lands  which  have  not 
been  claimed  or  purchased  shall  be  reappraised  every  five  years:  Pro- 
vided, That  they  may  be  reappraised  at  any  time  on  petition  of  one-half 
of  the  bona  fide  householders  of  the  township  in  which  the  lands  lie  to 
the  board  of  county  commissioners  of  the  county,  at  their  discretion. 
But  such  reappraisement  shall  be  conducted  according  to  the  provisions 
of  this  act,  and  the  sales  upon  the  same  shall  be  conducted  in  all  respects 
in  accordance  with  the  provisions  of  this  act. 

Unlawful  Purchase.— SEC.  223.  [Laws  1876,  Ch.  122,  Art.  14, 
Sec.  18.]  It  shall  be  unlawful  for  the  county  superintendent  appointing 
the  appraisers,  or  the  persons  appraising  the  lands,  to  purchase,  either 
directly  or  indirectly,  any  portion  of  the  lands  appraised  by  them. 

Investment  of  Proceeds.— SEC.  224.  [Laws  1876,  Ch.  122,  Art.  14, 
Sec.  19.]  The  proceeds  of  the  sale  of  school  lands  shall  be  invested  by 
the  board  of  commissioners  for  the  management  and  investment  of  school 
funds,  in  the  bonds  or  other  interest-paying  securities  of  this  state  or 
of  the  United  States,  at  the  current  market  price  thereof,  at  the  time  of 
making  such  investment. 

Private  Sale.— SEC.  225.  [Laws  1876,  Ch.  122,  Art.  14,  Sec,  20.] 
In  all  cases  where  school  lands  fail  to  sell  as  provided  for  in  this  act, 
the  county  treasurer  may  dispose  of  said  lands  at  private  sale  to  actual 
settlers  only,  in  tracts  not  exceeding  one  hundred  and  sixty  acres  to  each 
purchaser:  Provided,  That  no  sale  be  made  at  less  than  the  appraised 
value  of  the  land  and  improvements:  And  provided  further,  That  if 
school  lands,  once  offered  at  public  sale,  are  not  sold  within  one  year 
from  the  time  of  said  sale,  they  shall  be  reappraised  and  sold  at  public 
sale,  as  other  school  lands  are  sold:  Provided  further,  That  the  person 
so  residing  upon  said  school  land  shall  have  the  privilege  of  purchasing 
said  land,  exclusive  of  the  appraised  value  of  the  improvements;  but 
in  the  event  of  any  person  other  than  the  actual  settler  buying  in  said 
land,  the  person  so  purchasing  shall  pay  to  the  person  entitled  to  the 
pay  for  the  improvements  the  amount  of  the  appraised  value  of  said 
improvements,  they  having  been  previously  appraised  according  to  the 
provisions  of  this  act. 

Privilege  of  School  District— SEC.  226.  [Laws  1876,  Ch.  122, 
Art.  14,  Sec.  21.]  Any  school  district  shall  be  entitled  to  purchase  and 


70  SCHOOL    LAWS    OF   KANSAS. 

acquire,  for  a  school-house  site,  any  quantity  of  land,  not  exceeding 
two  acres,  of  any  school  lands  situate  in  such  district,  and  shall  acquire 
the  title  to  the  same  according  to  the  provisions  of  this  act:  Provided, 
That  such  tract  shall  be  situate  on  one  of  the  boundary  lines  of  the 
section,  or  any  quarter-section  thereof. 

Fees,— SEC.  227.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  22.]  Each  ap- 
praiser required  under  this  law  shall  receive  two  dollars  per  day ;  and, 
in  cases  when  it  is  necessary  to  divide  timbered  lands  into  lots  of  less 
size  than  the  legal  subdivisions,  the  surveyor,  chainmen  and  axmen  shall 
receive  the  same  pay  as  is  provided  for  by  law  in  other  cases.  The  county 
clerk,  under  this  act,  shall  be  allowed  for  filing  each  paper,  five  cents; 
for  recording  each  appraisement  and  other  paper  necessary  to  be  recorded, 
seven  cents  per  folio;  for  granting  a  certificate  to  a  purchaser  of  school 
land,  twenty-five  cents;  for  indorsing  payment  on  certificate,  five  cents; 
for  filing  treasurer's  receipt,  five  cents;  for  approving  bonds,  twenty-five 
cents  —  to  be  paid  by  the  purchaser;  for  making  out  abstract  to  be  for- 
warded to  auditor  of  state,  five  cents  for  each  tract  of  land.  The  county 
treasurer  shall  receive  for  making  out  list  of  land  for  the  printer,  or  to 
be  posted,  five  cents  for  each  tract  advertised ;  for  issuing  a  receipt  to 
purchaser  of  school  land,  twenty-five  cents,  which  receipt,  before  it  shall 
be  of  any  validity,  shall  be  presented  by  the  purchaser  to  the  county 
clerk,  who  shall  indorse  the  same  as  entered  upon  the  proper  books  of 
his  office ;  on  the  net  proceeds  of  the  sale  of  school  lands,  one  per  cent. ; 
and  the  county  treasurer  shall  receive  no  fees  for  the  sale  of  school  lands 
except  as  provided  for  in  this  act.  The  printer,  for  publication  of  no- 
tice for  sale  of  school  lands,  shall  receive  legal  rates.  The  probate 
judge  shall  be  allowed  the  same  fees  under  this  act  as  for  similar  ser- 
vices in  his  court.  The  county  attorney,  sheriff  and  district  clerk  shall 
receive  for  their  respective  services,  under  this  act,  the  fees  allowed  by 
law  for  similar  services.  The  several  amounts  above  specified  shall  be 
paid  by  the  county  treasurer  out  of  any  money  arising  from  the  sale  of 
the  school  lands,  on  the  order  of  the  county  superintendent  of  public 
instruction;  and  the  county  superintendent  is  hereby  authorized  to  ad- 
minister the  oath  to  appraisers,  and  in  verification  of  all  bills  presented 
to  him  he  shall  take  the  affidavit  of  the  person  or  persons  presenting 
such  bills.  The  county  superintendent  shall  be  paid  as  is  now  pro- 
vided by  law. 

County  Superintendent's  Abstracts.— SEC.  228.  [Laws  1876,  Ch. 
122,  Art.  14,  Sec.  23.]  The  county  superintendent  shall,  on  the  first 
Mondays  of  January  and  July,  in  each  year,  transmit  to  the  auditor  of 
state  an  abstract  of  the  amount  of  each  order  given,  and  for  what  ser- 
~i°?'  ™hlch  amounts  sha11  be^credited  to  the  ^treasurer  of  the  proper 


SCHOOL    LAWS   OF    KANSAS.  '    71 

county.  The  treasurer  of  state  shall  be  the  custodian  of  all  bonds  or 
securities  on  which  moneys  arising  under  the  provisions  of  this  act  may 
be  invested,  and  he  is  hereby  required  to  give  additional  bonds, 'as  the 
governor  of  the  state  shall  direct. 

State  Auditor's  Report.— SEC.  229.  [Laws  1876,  Ch.  122,  Art. 
14,  Sec.  24.]  That  it  shall  be  the  duty  of  the  auditor  of  state  to  incor- 
porate in  his  annual  report  to  the  governor  each  year,  by  counties  and  in 
the  aggregate  — 

First:  The  number  of  acres  of  land  sold  under  the  territorial  govern- 
ment, and  the  amount  paid  into  the  school  fund  of  the  state  for  the  same. 

Second:  The  whole  number  of  acres  of  school  lands  sold  in  each 
county  since  the  admission  of  the  state  up  to  the  first  day  of  July  pre- 
ceding such  report;  the  total  amount  of  sales;  average  price  per  acre; 
the  amount  paid  as  principal ;  amount  of  county  superintendents'  orderfs] 
allowed  for  expenses  incurred  in  the  sale  of  lands;  and  the  amount  oi 
unpaid  installments  bearing  ten  per  cent,  interest. 

Third:  The  number  of  acres  of  school  lands  sold  in  each  county  dur- 
ing the  year  ending  the  first  of  July  preceding  the  annual  report;  the 
amount  paid  [as]  principal;  the  amount  of  superintendents'  orders  al- 
lowed; the  amount  of  installments  unpaid  on  the  sales  for  the  year,  and 
bearing  interest. 

Fourth:  A  statement  of  the  amount  of  school  lands  forfeited  in  each 
county  during  the  year  ending  the  first  of  July  preceding  the  annual 
report,  showing  the  number  of  acres  in  each  tract  forfeited,  the  person 
by  whom  forfeited,  and  for  what  amount,  distinguishing  between  the 
unpaid  principal  and  the  unpaid  interest  which  fell  due  during  the  year. 

County  Clerk's  Report.— SEC.  230.  [Laws  1876,  Ch.  122,  Art.  14, 
Sec.  25.]  That  it  shall  be  the  duty  of  the  county  clerk  of  each  county  to 
furnish  the  state  auditor  the  report  named  in  the  foregoing  section  ot 
this  act,  on  or  before  the  first  day  of  October  in  each  year. 

Trespass  on  School  Lands.— SEC.  231.  [Laws  1876,  Ch.  122,  Art. 
14,  Sec.  26.]  If  any  person  shall  cut  down,  injure,  destroy  or  carry  away 
any  tree  or  trees  growing  upon  any  school  lands  that  are  or  may  here- 
after be  set  apart  for  the  use  of  schools,  or  any  other  state  institutions, 
or  cut,  destroy  or  carry  away  any  wood,  standing  or  being  upon  or  grow- 
ing on  any  school,  college  or  university  land,  or  shall  dig  up,  quarry  or 
carry  away  any  stones,  ore  or  mineral,  lying  or  being  upon  such  lands, 
the  person  committing  such  trespass  shall  be  deemed  guilty  of  a  misde- 
meanor, and  may  be  indicted  and  fined  in  a  sum  not  less  than  double 
the  amount  of  damages  proved  to  have  been  committed,  and  not  exceed- 
ing one  thousand  dollars,  and  confined  in  the  county  jail  not  less  than 
one  month  and  not  more  than  six  months. 


72  SCHOOL    LAWS   OF   KANSAS. 

Complaint  of  Trespass.— SEC.  232.  [Laws  1876,  Ch.122,  Art.  14, 
Sec.  27.]  Whenever  complaints  shall  be  made,  in  writing  and  upon  oath, 
to  any  justice  of  the  peace,  that  any  person  has  violated  the  provisions 
of  the  preceding  section  of  this  act,  it  shall  be  the  duty  of  such  justice 
to  issue  his  warrant,  under  his  hand,  reciting  the  substance  of  the  com- 
plaint, and  commanding  the  officer  to  whom  it  is  directed  forthwith  to 
apprehend  the  person  so  complained  of,  and  bring  him  before  such  justice, 

Procedure  in  Justice's  Court.— SEC.  233.  [Laws  1876,  Ch.  122, 
Art.  14,  Sec.  28.]  Upon  such  person  being  brought  before  such  justicer 
it  shall  be  the  duty  of  the  justice  to  examine  the  complaint  and  the  wit- 
nesses which  either  party  may  produce;  and,  if  it  shall  appear  to  the 
satisfaction  of  the  justice  that  the  person  complained  of  is  probably 
guilty,  he  shall  require  such  person  to  enter  into  recognizance  in  such 
sum,  not  exceeding  two  thousand  dollars,  with  two  or  more  sufficient 
securities,  as  such  justice  may  direct,  to  appear  at  the  next  term  of  the 
district  court;  and  in  default  of  such  recognizance,  the  justice  shall 
commit  such  person  to  jail  to  await  the  action  of  said  district  court. 

Grand  Jury.— SEC.  234.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  29.]  It 
shall  be  the  duty  of  each  court  having  criminal  jurisdiction  to  give  this 
act  in  charge  especially  to  the  grand  jury  at  each  term. 

Complainants.— SEC.  235.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  30.] 
It  shall  be  the  duty  of  the  county  superintendent  of  public  instruction, 
the  district  directors,  clerks  and  treasurers",  and  all  sheriffs  and  consta- 
bles, to  take  notice  of  all  trespasses  committed  on  school  lands  in  their 
respective  counties,  and  immediately  file  a  complaint  against  any  person 
violating  this  act,  before  the  proper  authorities. 

County  Attorney.— SEC.  236.  [Laws  1876,  Ch.122,  Art.  14,  Sec.  31.] 
It  shall  be  the  duty  of  the  county  attorneys  in  their  respective  counties 
to  prosecute  all  persons  charged  with  the  violation  of  this  act. 

Fines.— SEC.  237.  [Laws  1876,  Ch.  122,  Art.  14,  Sec.  32.]  All  dam- 
ages, fines  and  forfeitures  collected  under  the  provisions  of  this  act  shall 
be  paid  into  the  county  treasury,  for  the  use  and  benefit  of  the  common- 
school  fund. 

Recovery  of  Forfeited  Rights  —SEC.  238.  [Laws  1876,  Ch.  112, 
Sec.  1.]  That  in  all  cases  of  the  sale  of  school  lands  heretofore  made, 
where  the  purchasers  thereof  have  made  partial  payment  or  payments 
thereon,  and  have  by  law  forfeited  their  rights  to  such  lands,  and  the 
money  already  paid  thereon,  and  when  the  said  purchaser  or  purchasers 
have  not  been  ejected,  said  persons,  having  made  such  partial  payment 
or  payments,  their  heirs  and  assigns  may,  within  twelve  months  from 
the  passage  of  this  act,  renew  their  right  to  retain  the  lands  so  forfeited 
by  paying  the  amount  due  on  said  lands  in  the  manner  provided  by  exist- 


SCHOOL    LAWS   OF    KANSAS.  73- 

ing  law:  Provided,  That  when  such  lands  shall  have  been  disposed  of 
to  other  persons  under  the  law,  no  interest  thereby  obtained  shall  be 
affected  by  this  act:  And  provided  further,  That  all  expenses  that  may 
be  incurred  under  this  act  shall  be  borne  by  those  seeking  to  avail  them- 
selves of  the  benefits  of  this  act. 

Report  of  Sales;  Penalty.— SEC.  239.  [Laws  1 876, Ch.  126, Sec.  1.] 
That  section  two  of  chapter  one  hundred  and  thirty-nine  of  the  laws  of 
eighteen  hundred  and  seventy-one  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows:  Sec.  2.  That  it  shall  be  the  duty  of  the  county 
clerk  of  each  county  to  furnish  the  state  auditor  the  report  named  in  the 
first  section  of  the  act  to  which  this  is  amendatory  on  or  before  the  first 
day  of  October  in  each  year,  and  that  upon  failure  to  make  said  report 
he  shall  be  deemed  guilty  of  neglect  of  duty  and  misconduct  in  office, 
and  shall  be  punished  by  fine  not  exceeding  two  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  sixty  days,  or  by  both 
such  fine  and  imprisonment. 

Duty  of  Auditor.— SEC.  240.  [Lawsl876,Ch.l26,Sec.2.]  That  it 
shall  be  the  duty  of  the  auditor  of  state,  on  the  thirtieth  day  of  October, 
or  as  soon  thereafter  as  possible,  annually,  to  report  the  failure  and  neg- 
lect of  the  several  county  clerks  to  make  the  required  report  to  the 
attorney  general  of  the  state,  who  shall  at  once  institute  the  necessary 
proceedings  to  punish  said  neglect  of  duty. 

Payments,  How  Made.— SEC.  241.  [Laws  1876,  Ch.  127,  Sec.  1.] 
That  section  ten  of  chapter  ninety-four  of  the  general  statutes  of  eighteen 
hundred  and  sixty-eight  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows:  Section  10.  The  purchaser  shall  pay  to  the  [county] 
treasurer  annually  the  amount  of  each  yearly  installment,  with  interest, 
as  specified  in  his  bond,  and  the  treasurer  shall  give  duplicate  receipts 
to  the  purchaser  therefor,  stating  the  amount  therein  paid,  and  on  what 
account;  one  of  which  shall  forthwith  be  delivered  by  the  purchaser  to 
the  county  clerk,  who  shall  credit  him  with  the  same,  and  charge  the 
amount  to  the  treasurer. 

Prosecution  of  County  Treasurers.— SEC.  242.  [Laws  1876,  Ch. 
127,  Sec.  2.]  That  upon  the  failure  of  the  several  county  treasurers  to 
pay  into  the  state  treasury  the  full  amount  received  in  their  respective 
counties  from  the  sale  of  school  lands,  or  the  interest  paid  thereon  at 
each  semi-annual  settlement,  it  shall  be  the  duty  of  the  auditor  of  state 
immediately  to  require  the  prosecuting  attorney  of  the  proper  county  to 
prosecute  the  delinquent  under  the  provisions  of  section  thirteen  of  the 
act  to  which  this  [is]  amendatory. 


74  SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  XV.— STATE  PERMANENT  SCHOOL  FUND. 


#243.  Board    of   school-fund   commissioners,  how 
composed  and  organized. 


§256.  Probate  court  to  order  sale  of  estate  described 
in  petition. 


244.  Meetings.  257-  Proceeds  of  sale  to  be  paid  through  county 

245.  Records  of  school-fund  commissioners. 

246.  Register  of  bonds  offered  for  sale. 

247.  Bonds  in  which  the  different  funds  may  be 

invested. 

248.  Transactions  of  the  board  of  commissioners. 

249.  Records  of  the  condition  of  funds. 

250.  Where  the  records  shall  be  kept. 

251.  Orders  to  be  drawn  in   payment  for  bonds 

purchased. 

252.  The  state  treasurer  'shall  be  the  custodian  of 

the  funds  and  securities  belonging  to  the 
state  permanent  school,  state  normal  school 
and  state  university  funds. 

253.  The  commissioners  shall  collect  moneys  due 

different  funds. 

254.  Compensation  of  board. 

255.  Where  person  dies  without  heir  and  will, 

county  superintendent  may  file  petition 


treasurer  into  state  permanent  school  fund. 

258.  All    bonds    belonging    to    state    permanent 

school  fund  shall  be  consolidated,  how. 

259.  Consolidated  bonds  shall  be  registered. 

260.  Registration  of  bonds. 

261.  Registration  of  bonds. 

262.  Bonds  to  b«  indorsed,  how. 

263.  State  treasurer's  statement  to  state  auditor. 

264.  Cancellation  of  bonds  paid. 

265.  Comparison  of  registers  kept  by  auditor  and 

treasurer. 

266.  Penalty  for  delinquency  of  state  treasurer. 

267.  Rate  of  interest  may  be  reduced. 

268.  Payment  of  bonds  owned  by  the  state. 

269.  Proceeding  when  bonds  are  exchanged. 

270.  Cancellation   of  bonds   and    record  of  ex- 

change. 

271.  How  funding  bonds  are  to  be  stamped. 


in  probate  court. 

School  Fund  Commissioners. — SEC.  243.  [Laws  1879,  Ch.  166, 
Sec.  113.]  The  state  superintendent  of  public  instruction,  secretary  of 
state  and  attorney  general  shall  constitute  a  board  of  commissioners  for 
the  management  and  investment  of  the  state  permanent  school,  state 
normal  school  and  state  university  funds.  Such  board  shall  be  organ- 
ized as  follows:  The  secretary  of  state  shall  be  the  president  of  such 
board,  and  the  state  superintendent  of  public  instruction  shall  be  the 
secretary  thereof.  In  the  absence  of  either  of  said  officers,  the  attorney 
general  shall  act  as  president,  or  as  secretary,  as  the  case  may  require. 
Such  commissioners,  when  acting  as  such,  must  act  personally.  No 
member  thereof  can  be  represented  in  such  board  by  any  assistant  or 
clerk  in  the  office  of  which  such  member  is  the  chief  officer. 

Meetings. — SEC.  244.  Such  board  of  commissioners  shall  meet  regu- 
larly in  the  office  of  the  state  superintendent  of  public  instruction,  on 
the  last  Saturday  of  each  month,  at  ten  o'clock  A.  M.  Special  meetings 
of  the  board  may  be  held  at  any  time  at  the  call  of  any  member. 

Records.— SEC.  245.  [Laws  1879,  Ch.  166,  Sec.  114.]  Said  commis- 
sioners shall  keep  in  a  suitable  book  a  full  and  correct  record  of  all  their 
proceedings  at  every  session  of  the  board,  which  record  at  the  close  of 
each  session  shall  be  signed  by  the  president  and  secretary. 

Bonds  Offered.— SEC.  246.  [Laws  1879,  Ch.  166,  Sec.  116.]  They 
shall  also  keep  such  other  books  as  may  be  necessary  to  properly  register 
and  describe  all  bonds  offered  to  them,  and  all  bonds  bought  by  them  for 
the  benefit  of  the  permanent  school,  state  agricultural  college,  state  nor- 
mal school  and  state  university  funds,  or  either.  Such  record  books 


SCHOOL    LAWS    OF    KANSAS.  75 

shall  be  ruled  so  as  to  enable  the  board  to  register  the  name  and  resi- 
dence of  the  person  offering  to  sell  any  such  bond  or  bonds,  the  name 
and  residence  or  location  of  the  owner  or  district  for  whom  such  offer  is 
made,  and  a  full,  detailed  description  of  every  bond,  whether  United 
States,  state  or  school-district,  and  the  date,  number,  series,  amount  and 
rate  of  interest  of  each  bond,  and  when  the  interest  and  principal  re- 
spectively are  payable;  and  such  record  shall  be  made  of  every  such 
bond  before  the  board  shall  act  upon  the  question  of  purchasing  such 
bond. 

Investment,— SEC.  247.  [Laws  1879,  Ch.166,  Sec.  117.]  Said  board 
of  commissioners  shall  have  the  power,  and  it  is  hereby  made  their  duty, 
from  time  to  time  to  invest  any  moneys  belonging  to  the  permanent 
school,  state  agricultural  college,  state  normal  school  and  state  university 
funds  in  the  bonds  of  the  state  of  Kansas,  or  of  the  United  States,  and 
school-district  bonds  of  the  several  school  districts  of  the  state  of  Kan- 
sas. In  making  such  investments  they  shall  give  preference  to  the  bonds 
of  the  state  of  Kansas  and  school-district  bonds,  whenever  the  same  can 
be  procured  most  advantageously  to  the  said  funds;  but  they  shall  not 
pay  for  any  state  or  school-district  bonds  in  any  case  a  greater  sum  than 
the  par  value  of  the  same,  nor  shall  they  pay  for  any  such  bonds  any 
greater  sum  than  the  actual  market  price  thereof  at  the  time  of  purchas- 
ing the  same. 

Quorum  and  Business.— SEC.  248.  [Laws  1879,  Ch.166,  Sec.  118.] 
Any  two  members  of  said  board  shall  constitute  a  quorum.  But  such 
board  shall  not  purchase  any  school-district  bond  or  bonds  except  at  a 
legal  session  thereof,  nor  unless  every  member  of  the  board  is  notified  in 
time  to  be  present  at  such  meeting,  and  notified  also  that  the  question 
of  purchasing  such  bonds  is  to  be  considered  thereat,  designating  the 
bonds. 

Records.— SEC.  249.  [Laws  1879,  Ch.166,  Sec.  119.]  Said  commis- 
sioners shall  keep  a  record  showing  a  detailed  statement  of  the  condition 
of  the  state  permanent  school,  state  normal  school  and  state  university 
funds  under  their  control,  amount  of  each  fund,  how  invested,  when 
due,  interest  paid,  and  every  other  act  in  any  manner  connected  with 
the  management  and  investment  of  said  funds;  and  the  state  superin- 
tendent of  public  instruction  shall  biennially  report  all  such  investments 
to  the  governor,  to  be  laid  before  the  legislature. 

Office  and  Records.— SEC.  250.  [Laws  1879,  Ch.  166,  Sec.  120.J 
All  the  records  and  record  books  of  such  board  shall  be  kept  in  the  of- 
fice of  the  state  superintendent  of  public  instruction,  but  the  same  shall 
at  all  times  be  open  for  the  inspection  of  every  member  of  such  board 


76  SCHOOL   LAWS   OF    KANSAS. 

and  other  state  officers,  and  any  member  or  committee  of  the  legislature 
or  either  house  thereof. 

Orders  to  be  Drawn,— SEC.  251.  [Laws  1879,  Ch.  166,  Sec.  121.] 
In  the  investment  of  the  state  permanent  school,  state  normal  school, 
and  state  university  funds,  the  commissioners  of  these  funds  are  bereby 
authorized  to  draw  their  order  on  the  state  treasurer,  payable  out  of  the 
fund  invested,  for  the  purchase  price  of  the  bond,  and  an  order  payable 
out  of  the  annual  fund  for  any  accrued  interest  that  may  have  accumu- 
lated on  the  bonds  purchased;  which  orders,  previous  to  their  delivery, 
shall  be  registered  by  the  state  treasurer  in  a  book  provided  for  that 
purpose. 

Custodian.— SEC.  252.  [Laws  1879,  Ch.  166,  Sec.  122.]  All  moneys 
belonging  to  the  state  permanent  school,  state  normal  school,  and  state 
university  funds,  shall  be  paid  to  and  held  by  the  state  treasurer,  and  be 
subject  to  the  order  of  the  board  of  commissioners.  The  state  treasurer 
shall  also  be  the  custodian  of  all  bonds,  notes,  mortgages,  and  evidences 
of  debt  arising  out  of  the  management  and  investment  of  the  state 
school,  state  normal  school,  and  state  university  funds,  by  said  board  of 
commissioners. 

Collection  of  Moneys.— SEC.  253.  [Laws  1879,  Ch.  166,  Sec.  122.] 
It  shall  be  the  duty  of  said  board  of  commissioners  from  time  to  time, 
and  as  soon  as  may  be  practicable,  to  collect  all  moneys  due  and  owing 
to  the  state  school,  state  normal  school  and  state  university  funds,  and 
make  investments  of  the  same  as  hereinbefore  required.  If  any  such 
moneys  shall  remain  unpaid  for  thirty  days  after  the  same  become  due 
and  payable,  the  commissioners  shall  order  the  attorney  general  to  pro- 
ceed to  collect  the  same  by  civil  action  to  be  brought  and  prosecuted  in 
the  name  of  the  state. 

Compensation.— SEC.  254.  [Laws  1876,  Ch.  122,  Art.  15,  Sec.  6.] 
Said  board  of  commissioners  shall  receive  such  pay  for  their  services  as 
may  be  prescribed  by  law. 

Unclaimed  Estates.— SEC.  255.  [Laws  1876,  Ch.  122,  Art.  15,  Sec. 
8.]  In  all  cases  where  persons  die  without  heirs  and  intestate,  it  shall 
be  lawful  for  the  superintendent  of  public  instruction  of  the  county 
where  any  land  lies,  belonging  to  the  estate  of  such  person  dying  with- 
out heirs  and  will,  after  a  lapse  of  three  years  from  the  date  of  letters  of 
administration  upon  such  estate,  to  file  a  petition  in  the  probate  court  of 
the  county  granting  such  letters,  setting  forth  in  said  petition: 

First  —  That  such  deceased  person  died  without  heirs,  and  intestate. 

Second  —  That  three  years  have  elapsed  since  the  date  of  the  letters  of 
administration. 

Third  —  A  description  of  the  real  estate. 


SCHOOL    LAWS   OF    KANSAS.  77 

Fourth  —  That  no  debts  remain  unpaid  of  this  estate,  not  barred  by 
the  statute  of  limitation.  Such  petition  shall  be  verified  by  the  affidavit 
of  the  county  superintendent  of  public  instruction,  or  by  some  person 
who  has  knowledge  of  the  fact. 

Sale  of  Real  Estate,— SEC.  256.  [Laws  1876,  Ch.  122,  Art.  15,  Sec. 
8.]  It  shall  be  the  duty  of  the  probate  court,  on  the  filing  of  the  peti- 
tion mentioned  in  the  preceding  section,  and  being  satisfied  that  the  facts 
stated  in  said  petition  are  true,  to  issue  an  order  to  the  administrator  to 
sell  the  real  estate  described  in  such  petition,  in  the  same  manner  as  real 
estate  is  sold  by  administrators  for  the  payment  of  debts  due  from  de- 
ceased persons;  and  the  same  proceedings  shall  be  had  in  confirming 
the  sale  and  the  execution  of  the  deed  by  the  administrator,  as  are  pro- 
vided by  law  for  the  sale  of  real  estate  for  the  payment  of  the  debts  of 
any  deceased  person. 

Proceeds  of  Sale.— SEC.  257.  [Laws  1876,  Ch.  122,  Art.  15,  Sec. 
10.]  It  shall  be  the  duty  of  the  administrator,  after  the  payment  of  the 
costs  of  said  petition,  and  making  said  sale,  and  six  per  cent,  commission 
to  such  administrator,  to  pay  the  county  treasurer  of  the  county  where 
the  land  is  situate  the  remainder  of  the  purchase-money  for  the  benefit 
of  the  common  schools  of  the  state,  and  shall  take  duplicate  receipts 
therefor;  and  it  shall  be  his  duty  to  file  one  of  such  duplicates  with  the 
probate  court  of  the  proper  county.  If,  at  any  time  within  twenty-one 
years  after  the  date  of  payment  of  said  money  to  the  county  treasurer, 
any  person  shall  appear  and  claim  said  money  as  the  rightful  heir  to 
said  estate,  and  shall  prove  heirship  satisfactorily  to  the  probate  court, 
the  judge  of  said  court  shall  so  certify,  and  the  state  treasurer  shall  pay 
over  to  such  claimant  the  sum  so  received  from  the  county  treasurer 
from  such  estate. 

Consolidation  of  Bonds.— SEC.  258.  [Laws  1876,  Ch.  122,  Arc.  15, 
Sec.  11.]  It  is  hereby  made  the  duty  of  the  school  fund  commissioners 
to  consolidate  all  state  bonds  now  belonging  to  or  hereafter  coming  into 
possession  of  the  permanent  school  fund,  in  the  following  manner,  to 
wit:  All  bonds  falling  due  on  the  same  date  and  bearing  the  same  rate 
of  interest  shall  be  consolidated  into  one  bond,  of  equal  amount  to  the 
bonds  so  consolidated,  and  coupons  of  interest  shall  be  attached  thereto, 
of  equal  amount  to  the  consolidated  coupons,  and  payable  in  the  same 
manner  as  the  coupons  of  the  bonds  so  consolidated;  such  consolidated 
bonds  shall  be  made  out  by  the  auditor  of  state,  signed  by  the  governor, 
and  attested  by  the  secretary  of  state,  and  shall  be  made  payable  to  the 
permanent  school  fund  of  the  state  of  Kansas,  and  shall  have  im- 
printed on  their  face  the  words,  "Not  transferable."  All  bonds  pre- 
sented by  the  school  fund  commissioners  shall,  in  their  presence,  be 


78  SCHOOL   LAWS    OF   KANSAS. 

canceled  and  destroyed  by  the  auditor  of  state,  after  a  consolidated  bond 
shall  have  been  issued  for  the  same. 

Registry  of  Bonds,— SEC.  259.  [Laws  1876,  Ch.  122,  Art.  15, 
Sec.  12.]  All  consolidated  bonds  shall  be  registered  by  the  auditor  as 
other  state  bonds  now  are  registered. 

Registration.— SEC.  260.  [Laws  1877,  Ch.  172,  Sec.  1.]  Immediately 
after  the  passage  of  this  act,  it  shall  be  the  duty  of  the  auditor  of  state 
to  prepare  a  register  of  all  bonds  belonging  to  the  permanent  school 
fund. 

Bonds  to  be  Registered,— SEC.  261.  [Laws  1877,  Ch.  172,  Sec.  2.] 
That  it  shall  hereafter  be  the  duty  of  the  commissioners  of  the  perma- 
nent school  fund  to  present  to  the  auditor  of  state  all  bonds  which  may 
hereafter  be  purchased  by  them  prior  to  the  deposit  of  the  same  with 
the  state  treasurer,  and  it  shall  be  the  duty 'of  the  auditor  to  register  all 
bonds  so  presented. 

Indorsement  of  Bonds.— SEC.  262.  [Laws  1877,  Ch.  172,  Sec.  3.] 
That  it  shall  be  the  duty  of  the  auditor  of  state  to  indorse  upon  all  bonds 
and  coupons  now  belonging  to  the  permanent  school  fund  and  depos- 
ited with  the  state  treasurer,  or  which  may  be  hereafter  purchased  by 
the  commissioners  of  the  permanent  school  fund,  prior  to  the  deposit  of 
the  same  with  the  state  treasurer,  the  following:  "The  property  of  and 
payable  to  the  permanent  school  fund  of  the  state  of  Kansas,  and  not 
negotiable  or  transferable,"  with  his  name  thereto;  and  thereafter  the 
said  bonds  shall  not  be  transferable. 

Treasurer's  Statement— SEC.  263.  [Laws  1877,  Ch.  172,  Sec.  4.] 
That  it  shall  be  the  duty  of  the  state  treasurer,  immediately  after  col- 
lecting any  interest  on  such  bonds  or  the  principal  of  the  same,  to  file 
with  the  auditor  a  detailed  statement  or  statements  of  the  amount  or 
amounts  so  collected,  stating  the  name  of  the  county,  the  number  of  the 
district,  the  number  of  the  coupons  or  bonds  paid  by  such  district,  and 
the  amount  paid;  and  the  said  treasurer  shall  cancel  on  the  register  in 
his  office  all  coupons  and  bonds  so  paid. 

Cancellation  of  Bonds  and  Coupons.— SEC.  264.  [Laws  1877, 
Ch.  172,  Sec.  5.]  That  immediately  after  the  filing  of  such  statement  or 
statements  by  the  treasurer,  the  auditor  shall  cancel  such  coupons  or 
bonds  as  are  designated  in  said  statement  or  statements  upon  the  regis- 
ter in  his  office,  and  charge  the  treasurer  with  the  amounts. 

Bonds  to  be  Compared.— SEC.  265.  [Laws  1877,  Ch.  172,  Sec.  6.] 
That  it  shall  be  the  duty  of  the  auditor  of  state,  on  the  first  Monday  in 
August  of  each  year,  to  compare  the  register  kept  by  him  with  the  bonds 
in  the  treasurer's  office,  and  shall  at  the  time  of  comparing  such  register 


SCHOOL    LAWS   OF    KANSAS.  79 

require  the  treasurer  to  produce  all  coupons  and  bonds  remaining  un- 
paid, which  shall  be  compared  with  the  register. 

Penalty.— SEC.  266.  [Laws  1877,  Ch.  72,  Sec.  7.]  That  any  state 
treasurer  who  shall  fail  or  refuse  to  comply  with  the  provisions  of  sec- 
tion three  and  section  five  of  this  act  shall  be  deemed  guilty  of  having 
converted  the  same  to  his  own  use,  and  shall  upon  conviction  be  subject 
to  all  the  penalties  provided  for  in  section  fifty-six  of  chapter  one  hun- 
dred and  two,  general  statutes  of  the  state  of  Kansas. 

Time  Extended.— SEC.  267.  [Laws  1879,  Ch.  160,  Sec.  1.]  The 
board  of  commissioners  for  the  management  of  the  state  permanent 
school  funds  shall  have  the  power,  and  it  is  hereby  made  the  duty  of 
said  board,  to  exchange  any  school- district  bonds  belonging  to  the  per- 
manent school  funds  now  in  the  state  treasury  for  other  bonds  of  the 
same  district  bearing  a  lower  rate  of  interest  and  running  a  longer  time 
than  the  bonds  exchanged :  Provided,  That  they  shall  not  purchase  any 
funding  bonds  running  a  less  time  than  five  years:  And  provided  further, 
That  the  rate  of  interest  on  bonds  running  from  five  to  fifteen  ye-ars  shall 
be  seven  per  cent,  per  annum,  and  on  bonds  running  longer  than  fifteen 
years  the  rate  of  interest  shall  be  six  per  cent,  per  annum. 

Payment  before  Maturity.— SEC.  268.  [Laws  1879,  Ch.  160, 
Sec.  2.]  If  at  any  time  any  board  of  education  or  school  district  shall 
have  accumulated  in  the  treasury  sinking  fund  sufficient  to  pay  in  full 
any  bond  or  bonds  issued  by  such  board  or  district  before  their  maturity, 
the  permanent  school  fund  being  the  holders  thereof,  such  board  of  edu- 
cation or  school  district  may  pay  the  same  to  the  state  treasurer  and  take 
up  such  bond  or  bonds;  and  the  state  treasurer  is  hereby  authorized  to 
receive  the  same  and  to  cancel  such  bond  or  bonds,  and  the  un  matured 
coupons  attached  thereto,  and  deliver  the  same  so  canceled  to  the  officer 
paying  the  amount:  Provided,  That  the  state  treasurer,  before  delivering 
said  bond  or  bonds,  shall  present  the  same  to  the  auditor  of  state,  to- 
gether with  a  statement  showing  the  amount  of  coupons  upon  which  no 
moneys  have  been  received;  and  upon  examining  such  statement,  and 
comparing  it  with  the  coupons  attached  to  such  bond  or  bonds,  the 
auditor  shall  credit  the  treasurer  with  the  amounts  shown  to  be  canceled 
before  maturity:  Provided,  That  nothing  in  this  section  shall  be  con- 
strued to  apply  to  bonds  exchanged  under  the  provisions  of  section  one  • 
of  this  act. 

Manner  of  Exchange.— SEC.  269.  [Laws  1879,  Ch.  160,  Sec.  3.] 
The  said  board  of  commissioners,  after  having  examined  and  accepted 
any  funding  bonds  as  contemplated  in  section  one  of  this  act,  shall  make 
a  certificate  in  duplicate,  directed  to  the  state  treasurer,  stating  that  they 
have  examined  and  accepted  the  funding  bonds  of  school  district  num- 


30  SCHOOL    LAWS    OF    KANSAS. 

her ,  of  the  county  of ,  or  board  of  education  of  the  city  of  -    — , 

for  the  sum  of  -  -  dollars,  in  lieu  of  bonds  numbered  -  — ,  for  like 
amount  issued  by  said  district  or  board  of  education,  now  in  the  state 

treasury,  and  belonging  to  the fund,  and  that  the  treasurer  of  state 

is  authorized  to  cancel  and  return  the  bonds  so  funded,  together  with 
the  coupons  attached  thereto,  and  not  matured,  to  the  proper  officer  of 
the  county,  city  or  school  district,  which  said  certificate  shall  be  signed 
by  a  majority  of  said  commissioners,  one  of  which  shall  be  filed  with 
the  auditor  of  state  and  the  other  delivered  to  the  state  treasurer. 

Records  of  Exchange.— SEC.  270.  [Laws  1879,  Ch.  160,  Sec.  4.] 
Upon  receiving  the  certificate  as  provided  for  in  section  three  of  this  act, 
the  state  treasurer  shall  cancel  the  bonds  described  in  said  certificate, 
and  shall  write  the  word  " Exchanged"  and  the  date  of  such  exchange 
upon  said  bonds,  and  shall  make  the  same  entry  upon  the  register  of 
said  bonds  in  his  office,  and  return  such  bonds  so  canceled  to  the  proper 
officer,  together  with  the  coupons  un matured  and  attached  to  such  bonds. 
The  state  treasurer  shall,  at  the  time  of  canceling  such  bonds,  make  a 
•certificate  directed  to  the  auditor  of  state,  stating  the  number  and  amount 
•of  each  bond  so  exchanged  and  canceled,  together  with  the  number  and 
amount  of  un  matured  coupons  attached  to  each  bond.  Upon  receipt  of 
•such  certificate  the  auditor  of  state  shall  compare  the  same  with  the  cer- 
tificate filed  by  the  board  of  commissioners,  and  if  found  to  be  correct, 
shall  cancel  such  bonds  and  coupons  on  the  register  in  his  office,  and 
shall  credit  the  treasurer  with  the  amount  of  such  bonds  and  coupons. 

Funding  Bonds  to  be  Stamped.— SEC.  271.  [Laws  1879,  Ch.  160, 
-Sec.  5.]  All  bonds  accepted  as  funding  bonds  by  the  board  of  commis- 
.-sioners  shall  be  stamped  by  the  auditor  and  deposited  with  the  state 
treasurer,  and  the  auditor  shall  charge  the  treasurer  with  the  amount  in 
•the  same  manner  as  though  such  bonds  had  been  purchased  for  cash. 


ARTICLE  XVI.— STATE  ANNUAL  SCHOOL  FUND. 

..2272.  State   annual  school  fund   shall  consist   of    §276.  Treasurer  shall  pay  county  treasurer  on  or- 
der of  state  superintendent. 
273.  State  treasurershall  hold  annual  school  fund      277.  State  treasurer  shall  give  bonds 

subject  to  order  of  state  superintendent.      ;    278.  County  treasurer  shall  apply  to  state  treas- 
,  Treasurer  shall  report  to  superintendent  the  j  urer  for    school    moneys    apportioned  to 

amount  of  annual  school  fund  in  treasury,  j  county. 

.  Treasurer  shall  report  on  the  15th  day  of  j    279.  County  treasurer,  upon  proper  application 


February  and  August  of  each  year  the 
amount  of  annual  school  fund  in  the 
treasury. 


shall  pay  over  to  district  treasurer  moneys. 
280.  Each  insurance  company  doing  business  in 
the  state  shall  annually  pay  fifty  dollars 


j     r~j    — -«. 

into  the  state  annual  school  fund. 

Shall  Consist  of  What,— SEC.  272.  [Laws  1876,  Ch.  122,  Art. 
16,  Sec.  1.]  For  the  purpose  of  affording  the  advantages  of  a  free  edu- 


SCHOOL   LAWS   OF   KANSAS.  81 

cation  to  the  children  of  the  state,  the  state  annual  school  fund  shall 
consist  of  the  annual  income  derived  from  the  interest  and  rents  of  the 
perpetual  school  fund  as  provided  in  the  constitution  of  the  state,  and 
such  sum  *  as  will  be  produced  by  the  annual  levy  and  assessment  of  one 
mill  upon  the  dollar  valuation  of  the  taxable  property  of  the  state,  and 
there  is  hereby  levied  and  assessed  annually  the  said  one  mill  upon  the 
dollar  for  the  support' of  common  schools  in  the  state;  and  the  amount 
so  levied  and  assessed  shall  be  collected  in  the  same  manner  as  other 
state  taxes. 

State  Treasurer.— SEC.  273.  [Laws  1876,  Ch.  122,  Art.  16,  Sec.  2.] 
The  state  treasurer  shall  receive  all  the  annual  income  of  the  state  ap- 
propriated for  the  annual  support  of  schools  whether  derived  from  the 
interest  of  moneys  loaned,  rents  of  school  lands,  or  annual  tax,  and  hold 
the  same  subject  to  the  order  of  the  state  superintendent  of  public  in- 
struction. 

Report— SEC.  274.  [Laws  1876,  Ch.  122,  Art.  16,  Sec.  3.]  He  shall 
keep  in  a  separate  book  an  account  of  all  school  moneys  received  by  him, 
distinguishing  between  the  perpetual  fund  and  the  annual  fund  for  dis- 
bursement, and  shall  report  to  the  state  superintendent  on  the  first  day 
of  February  and  first  day  of  August  of  each  year  the  amount  of  money 
in  his  hands  belonging  to  the  permanent  school  fund  and  subject  to  in- 
vestments, and  on  the  first  day  of  March  and  on  the  twenty-fifth  day  of 
July  of  each  year  the  state  treasurer  shall  report  to  the  superintendent 
of  public  instruction  the  amount  of  money  in  the  treasury  belonging  to 
the  annual  school  fund  and  subject  to  disbursement  on  the  semi-annual 
dividend. 

Report— SEC.  275.  [Laws  1879,  Ch.  166,  Sec.  55.]  ...  The 
state  treasurer  shall  also,  on  the  fifteenth  day  of  February  and  August  of 
each  year,  report  to  the  state  superintendent  of  public  instruction  the 
amount  of  money  in  the  treasury  belonging  to  the  annual  school  fund 
and  subject  to  disbursement  on  the  semi-annual  dividends. 

Payment— SEC.  276.  [Laws  1876,  Ch.  122,  Art.  16,  Sec.  4.]  He 
shall  pay  over  to  the  treasurer  of  each  county,  on  application,  the  amount 
of  school  money  due  to  said  county,  on  order  of  the  state  superintendent 
of  public  instruction. 

Bond.— SEC.  277.  [Laws  1876,  Ch.122,  Art.  16,  Sec.  5.]  The  state 
treasurer  shall  execute  to  the  state  of  Kansas  a  bond  in  double  the 
amount  of  money,  as  near  as  can  be  ascertained,  to  come  into  his  hands 
as  treasurer  of  the  school  fund  of  the  state,  with  sufficient  sureties,  to 
be  approved  by  the  governor  and  superintendent  of  public  instruction, 
conditioned  that  he  will  faithfully  discharge  his  duties  as  treasurer  of 
the  school  funds  of  the  state.  Said  bonds  shall  be  filed  in  the  office  of 
the  secretary  of  state. 


32  SCHOOL   LAWS   OF   KANSAS. 

County  Treasurer.— SEC.  278.  [Laws  1876,  Ch.122,  Art.  16,  Sec. 
6.]  The  treasurer  of  each  county  shall  apply  for  and  receive  of  the  state 
treasurer  the  school  moneys  apportioned  to  his  county  as  soon  as  the 
same  shall  become  payable. 

Pay  to  the  District  Treasurer.— SEC.  279.  [Laws  1876,  Ch.122, 
Art.  16,  Sec.  7.]  Each  county  treasurer  receiving  such  moneys  shall,  upon 
proper  application  of  the  district  treasurer  of  any  district,  pay  over  to 
the  said  district  treasurer  the  amount  apportioned  to  the  district  by  the 
county  superintendent. 

Insurance  Companies.— SEC.  280.  [Laws  1876,  Ch.  122,  Art.  16, 
Sec.  8.]  ....  Every  insurance  company  doing  business  in  this 
state  shall,  in  addition  to  the  fees  required  by  this  act  (chapter  ninety- 
three,  laws  of  eighteen  hundred  and  seventy-one),  pay  into  the  state 
treasury,  for  the  benefit  of  the  annual  school  fund,  the  sum  of  fifty  dol- 
lars each  year. 

ARTICLE  XVII.— COUNTY  SCHOOL  FUND. 


§285.  No  compensation. 

286.  Penalty  if  county  treasurer  fails  to  pay  over. 

287.  Unclaimed  money  shall  be  paid  by  adminis- 

trator into  county  school  fund,  when. 

288.  Fines  and  penalties  paid  into  common-school 

fund. 


§281.  County  treasurer  shall  collect  all  moneys  due 
to  the  county  school  fund. 

282.  County  clerk  shall  report  amount  of  county 

school  fund  to  county  superintendent. 

283.  Justices  shall  report  to  county  superintend- 

ent proceeds  of  fines  and  estrays. 

284.  Moneys   and  property,   to  be   delivered  to 

whom. 

County  Treasurer.— SEC.  281.  [Laws  1876,  Ch.  122,  Art.  17, 
Sec.  1.]  The  county  treasurer  shall  collect  all  moneys  due  the  county 
for  school  purposes,  from  fines,  forfeitures,  or  proceeds  from  the  sale  of 
estrays,  and  all  moneys  paid  by  persons  as  equivalent  for  exemption 
from  military  duty,  and  he  shall,  upon  proper  application  of  the  district 
treasurer  of  any  district  in  the  county,  pay  over  to  the  said  district 
treasurer  the  amount  apportioned  to  the  district  by  the  county  superin- 
tendent. He  shall  also  collect  the  delinquent  taxes  on  real  estate  in  any 
district,  in  the  same  manner  as  county  taxes  are  collected,  whenever  such 
delinquent  tax  list  shall  have  been  lawfully  reported  and  returned  to 
him,  and  he  shall  pay  the  same  over  to  the  treasurer  of  the  district  to 
which  such  delinquent  taxes  are  due;  and  if  any  county  treasurer  shall 
refuse  to  deliver  over  to  the  order  of  the  county  superintendent  any 
school  money  in  his  possession,  or  shall  use  or  permit  to  be  used  for 
any  other  purpose  than  is  specified  in  this  act,  any  school  money  in  his 
possession,  he  shall  on  conviction  thereof  be  adjudged  guilty  of  a  mis- 
demeanor, and  be  punished  by  a  fine  not  exceeding  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  not  [exceeding]  one  year. 

County  Clerk.— SEC.  282.  [Laws  1876,  Ch.  122,  Art.  17,  Sec.  2.] 
The  county  clerk  of  each  county  shall,  on  the  first  Mondays  of  March 


SCHOOL   LAWS    OF    KANSAS.  83 

and  July  of  each  year,  make  out  and  transmit  to  the  county  superin- 
tendent a  true  statement  of  any  county  school  money  then  in  the  county 
treasury. 

Justice  of  the  Peace,— SEC.  283.  [Laws  1876,  Ch.  122,  Art,  17, 
Sec.  3.]  Each  justice  of  the  peace  shall  report  to  the  county  superin- 
tendent, on  the  first  day  of  March  and  on  the  twenty-fifth  day  of  July 
of  each  year,  the  amount  received  from  the  proceeds  of  fines  and  estrays 
during  the  six  months  preceding,  and  belonging  to  the  school  fund  of 
the  county;  and  each  justice  of  the  peace,  at  the  time  of  making  his  re- 
port to  the  county  superintendent,  shall  promptly  pay  all  of  said  pro- 
ceeds to  the  county  treasurer,  to  be  disbursed  by  the  county  superin- 
tendent at  the  next  ensuing  semi-annual  dividend. 

Moneys  and  Property.— SEC.  284.  [Laws  1876,  Ch.  122,  Art,  17, 
Sec.  4.]  All  persons  having  school  moneys  or  other  school  property  in 
their  possession,  by  virtue  of  any  act  heretofore  passed,  are  hereby  re- 
quired to  pay  over  and  deliver  the  same  to  the  proper  officers  provided 
for  by  this  act. 

Compensation,— SEC.  285.  [Laws  1876,  Ch.122,  Art,  17,  Sec.  5.] 
No  county  treasurer  shall  receive  any  compensation  for  disbursing  or 
receiving  either  county  or  state  school  moneys. 

Fine.— SEC.  286.  [Laws  1876,  Ch.  122,  Art.  17,  Sec.  6.]  Any  county 
treasurer  who  shall  neglect  or  fail  to  pay  over  any  school  money  in  the 
treasury,  on  application,  shall  be  subject  to  a  fine  of  not  less  than  five 
hundred  dollars  for  every  such  neglect  or  failure. 

Unclaimed  Moneys.— SEC.  287.  [Laws  1876,  Ch.  122,  Art.  15, 
Sec.  7.]  If  any  sum  of  money  directed  by  an  order  of  the  court  to  be 
distributed  to  heirs,  next  of  kin  or  legatees,  shall  remain  for  the  space  of 
one  year  unclaimed,  the  executor  or  administrator  shall  pay  over  the 
same  to  the  treasurer  of  the  county  for  the  benefit  of  common  schools  of 
the  county. 

Common  School  Fund.— SEC.  288.  [General  Statutes,  Ch.  82,  Sec. 
332.]  All  fines  and  penalties  imposed,  and  all  forfeitures  incurred,  in 
any  county,  shall  be  paid  into  the  treasury  thereof,  to  be  applied  to  the 
support  of  common  schools. 


ARTICLE  XVIII. — COMPULSORY  ATTENDANCE  AT  SCHOOL. 


J289.  Number  of  weeks  children  are  required  to  at- 
tend school. 

290.  Penalty  for  failure  to  comply  with  the  pro- 
visions of  this  act. 


$291.  Duty  of  school  officers;  penalty. 
292.  Malicious  prosecution. 


Children  Shall  Attend  School.— SECTION  289.  [Laws  1874,  Ch. 
123,  Sec.  1.]  That  every  parent,  guardian  or  other  person,  in  the  state 
of  Kansas,  having  control  of  any  child  or  children  between^the  ages  of 


34  SCHOOL   LAWS   OF   KANSAS. 

eight  and  fourteen  years,  shall  be  required  to  send  such  child  or  children 
to  a  public  school  or  private  school,  taught  by  a  competent  instructor, 
for  a  period  of  at  least  twelve  weeks  in  each  year,  six  weeks  of  which 
time  shall  be  consecutive,  unless  such  child  or  children  are  excused  from 
such  attendance  by  the  board  of  the  school  district,  or  the  board  of 
education  of  the  city  in  which  such  parent,  guardian,  or  person  having 
control  resides,  upon  its  being  shown  to  their  satisfaction  that  such 
parent  or  .guardian  was  not  able  by  reason  of  poverty  to  clothe  such 
child  properly;  or  that  such  child's  bodily  or  mental  condition  has  been 
such  as  to  prevent  his  attendance  at  school  or  application  to  study  for 
the  period  required;  or  that  such  child  or  children  are  taught  at  home 
in  such  branches  as  are  usually  taught  in  the  public  schools,  subject  to 
the  same  examination  as  other  pupils  of  the  district  or  city  in  which  the 
child  resides;  or  that  he  has  already  acquired  the  ordinary  branches  re- 
quired by  law;  or  that  there  is  no  school  taught  within  two  miles  by 
the  nearest  traveled  road. 

Penalty  for  Violation  of  this  Act —SEC.  290.  [Laws  1874,  Ch. 
1.22,  Sec.  2.]  Any  parent,  guardian  or  other  person,  failing  to  comply 
with  the  provisions  of  this  act,  shall  upon  conviction  be  deemed  guilty 
of  a  misdemeanor,  and  fined  in  a  sum  not  less  than  five  nor  more  than 
ten  dollars  for  the  first  offense,  nor  less  than  ten  nor  more  than  twenty 
for  the  second  and  every  subsequent  offense.  Said  action  shall  be  pros- 
ecuted in  the  name  of  the  state  of  Kansas  before  any  court  of  compe- 
tent jurisdiction;  and  all  fines  so  collected  shall  be  paid  into  the  county 
treasury  for  the  support  of  common  schools. 

Duty  of  School  Officers;  Penalty.— SEC.  291.  [Laws  1874,  Ch. 
122,  Sec.  3.]  It  shall  be  the  duty  of  any  school  director  or  president  of 
the  board  of  education  to  inquire  into  all  cases  of  neglect  of  the  duty 
prescribed  in  this  act,  and  ascertain  from  the  person  neglecting,  the  rea- 
sons, if  any,  therefor,  and  shall  forthwith  proceed  to  secure  the  prosecu- 
tion of  any  offense  occurring  under  this  act;  and  any  director  or  president 
neglecting  to  secure  such  prosecution  for  such  offense  within  ten  days 
after  a  written  notice  has  been  served  on  him  by  any  tax-payer  in  said 
district  or  city,  unless  the  person  so  complained  of  shall  be  excused  by 
the  district  or  city  board  or  board  of  education  for  reasons  hereinbefore 
stated,  shall  be  deemed  guilty  of  a  misdemeanor,  and  liable  to  a  fine  of 
not  less  than  twenty  nor  more  than  fifty  dollars,  which  fine  shall  be 
prosecuted  for  and  in  the  name  of  the  state  of  Kansas;  and  such  fine, 
when  collected,  shall  be  paid  into  the  county  treasury  as  in  section  2  of 
this  act. 

Malicious  Prosecution.— SEC.  292.  [  Laws  1876,  Ch.  122,  Sec.  4.] 
That  upon  the  trial  of  any  offense,  as  charged  herein,  if  upon  such  trial 


SCHOOL    LAWS   OF    KANSAS.  85 

it  shall  be  determined  that  such  prosecution  was  malicious,  then  the  costs 
in  such  case  shall  be  adjudged  against  the  complainant  and  collected  as 
fines  in  other  cases. 


AKTICLE  XIX.— UNORGANIZED  COUNTIES. 

£293.  Unorganized  counties,  where  attached.  §296.  Entitled  to  school  funds. 

294.  Deputy  superintendent  and  his  duties.  297.  Apportionment  of  school  funds. 

295.  Penalty  for  failure  to  report.  298.  Governed  by  general  school  laws. 

Unorganized  Counties,— SEC.  293.  [Laws  1879,  Ch.  159,  Sec.  1.] 
All  unorganized  counties  in  the  state  of  Kansas,  by  law  attached  to  or- 
ganized counties  for  judicial  purposes,  are  and  hereafter  shall  be  attached 
to  the  same  counties  respectively  for  school  purposes. 

Deputy  Superintendent,— SEC.  294.  [Laws  1879,  Ch.  159,Sec.  2.] 
The  superintendent  of  public  instruction  in  each  organized  county  to 
which,  by  virtue  of  this  act,  any  unorganized  county  is  or  may  be  at- 
tached for  school  purposes,  shall  appoint  a  deputy  in  such  unorganized 
county,  who  shall  attend  to  the  organization  of  school  districts  in  said  un- 
organized county,  subject  to  the  approval  of  the  superintendent  of  public 
instruction  in  said  organized  county.  The  deputy  superintendent  of  pub- 
lic instruction  in  said  unorganized  county  shall,  within  ten  days  after  the 
time  fixed  by  law  for  the  report  of  the  district  officers  in  each  year, 
make  out  and  transmit  in  writing  to  the  county  superintendent  of  public 
instruction  in  said  organized  county  a  report  containing  a  statement  of 
the  number  of  school  districts  or  parts  of  districts  in  the  unorganized 
county,  and  the  number  of  children  and  their  sex,  resident  in  each,  over 
the  age  of  five  and  under  the  age  of  twenty-one  years;  a  statement  of 
the  number  of  district  schools  in  the  county,  the  length  of  time  a  school 
has  been  taught  in  each,  the  number  of  scholars  attending  the  same, 
their  sex,  the  branches  taught  and  the  text-books  used,  the  number  of 
teachers  employed  in  the  same  and  their  sex;  a  statement  of  the  num- 
ber of  private  or  select  schools  in  the  county,  so  far  as  the  same  can  be 
ascertained,  and  the  number  of  teachers  employed  in  the  same,  their  sex, 
and  the  branches  taught;  a  statement  of  the  amount  of  public  money  re- 
ceived in  each  district  or  parts  of  districts;  a  statement  of  the  amount  of 
money  raised  in  each  district,  and  paid  for  teachers'  wages,  in  addition 
to  the  public  money  paid  therefor,  for  building,  hiring,  purchasing,  re- 
pairing, or  furnishing  such  school  house,  or  for  any  other  purpose  allowed 
by  law,  in  the  districts  or  parts  of  districts,  and  such  other  information 
as  the  state  superintendent  of  public  instruction  may  require. 

Deputy's  Report,— SEC.  295.  [Laws  1879,  Ch.  159,  Sec.  3.]  Every 
deputy  superintendent  who  shall  neglect  or  refuse  to  make  and  deliver 


g(J  SCHOOL    LAWS   OF    KANSAS. 

to  the  county  superintendent  of  public  instruction  his  annual  report,  as 
required  by  this  act,  within  the  time  limited  therefor,  shall  be  liable  to 
pay  to  the  school  districts  in  said  unorganized  counties  the  full  amount 
of  money  lost  to  the  said  school  districts  by  such  neglect  or  refusal,  with 
the  interest  thereon,  to  be  recovered  by  the  treasurer  of  said  school  dis- 
trict in  the  name  of  said  districts. 

Control  of  County.— SEC.  296.  [Laws  1879,  Ch.  159,  Sec.  4.]  The 
schools  thus  organized  in  said  unorganized  counties  shall  be  under  the 
control  of  the  superintendent  of  public  instruction  in  the  said  organized 
county,  and  the  said  superintendent  of  public  instruction  shall  report  to 
the  state  superintendent  of  public  instruction  the  items  reported  by  the 
deputy  or  deputies  in  said  unorganized  counties,  and  the  state  superin- 
tendent of  public  instruction  shall  apportion  the  state  fund  due  the 
school  districts  in  said  unorganized  counties  to  the  county  treasurer  of 
the  organized  county  to  which  said  unorganized  county  is  attached  for 
school  purposes,  to  be  by  him  apportioned  to  the  several  school-district 
treasurers  in  such  unorganized  county  or  counties  attached. 

Apportionment— SEC.  297.  [Laws  1879,  Ch.  159,  Sec.  5.]  The 
county  superintendent  of  public  instruction  in  such  organized  county 
shall  draw  on  the  county  treasurer  in  his  county  for  the  amount  due 
said  school  districts  in  such  unorganized  counties. 

General  Provisions,— SEC.  298.  [  Laws  1879,  Ch.  159,  Sec.  6.]  The 
inhabitants  of  school  districts  in  such  unorganized  counties  shall  hold 
their  annual  school  meetings  at  the  time  prescribed  by  the  general  school 
law,  and  may  hold  special  meetings  as  therein  provided,  and  the  quali- 
fied voters  at  such  annual  or  special  meetings  shall  have  the  same  pow- 
ers as  are  given  by  law  to  qualified  voters  at  similar  meetings  of  school 
districts  in  organized  counties,  and  the  duties  and  powers  of  school- 
district  officers  shall  be  the  same  in  unorganized  counties  as  are  prescribed 
to  be  the  duties  of  school-district  officers  by  the  school  laws:  Provided, 
That  the  provisions  of  article  thirteen  in  the  school  law,  being  chapter 
one  hundred  and  twenty-two,  laws  of  1876,  and  all  acts  amendatory 
thereto  in  relation  to  the  issuance  of  school-district  bonds,  shall  not  be 
applicable  to  any  school  district  in  any  unorganized  county,  nor  shall 
the  qualified  voters  or  officers  of  any  school  district  in  any  unorganized 
county  have  the  right  to  levy  tax  or  make  any  bonded  debt. 


AETICLE  XX.— PROVIDING  FOR  A  FOUR-MONTHS  SCHOOL,  WHEN. 

§299.  Four    months    school    required,    if   school  I  §301.  Failure  of  school  board  to  hire  teacher  by 
house  be  good.  December  1,  yearly;  duty  of  superintend- 

).  Levy  of  tax  for  same;  manner  of.  ent  in  that  case ;  provisos. 

SEC.  299.  [Laws  1881,  Ch.  150,  Sec.  1.]  That  in  all  school  districts 
in   this  state  in  which  there  is  a  good  and  sufficient  school  building,  a 


SCHOOL    LAWS    OF   KANSAS.  87 

school  shall  be  maintained  for  a  period  of  not  less  than  four  months, 
between  the  first  day  of  October  and  the  first  day  of  June  in  each  school 
year. 

SEC.  300.  [Laws  1881,  Ch.  150,  Sec.  2.]  Should  the  legal  voters  of 
any  school  district,  at  their  annual  school  meeting,  or  special  meeting 
called  for  that  purpose,  or  the  school-district  board,  neglect,  refuse  or 
fail  to  provide  a  sufficient  levy  of  tax  upon  the  taxable  property  of  such 
district  to  maintain  a  public  free  school  for  a  period  of  not  less  than 
four  months  in  each  school  year,  the  county  superintendent  of  such 
county  shall,  in  conjunction  with  the  county  commissioners,  immedi- 
ately make  an  estimate  of  the  amount  necessary  to  support  and  maintain 
a  public  free  school  in  such  District  for  a  period  of  not  less  than  four 
months  for  the  then  ensuing  school  year,  and  certify  the  same  to  the 
county  clerk  of  such  county ;  and  it  is  hereby  made  the  duty  of  such 
county  clerk  to  place  the  said  levy  upon  the  tax-roll  of  such  county  for 
that  year,  and  such  tax  shall  be  collected  at  the  same  time  and  in  like 
manner  as  other  taxes  are  collected. 

SEC.  301.  [Laws  1881,  Ch.  150,  Sec.  3.]  The  county  superintendent 
shall,  upon  the  failure  or  refusal  of  the  board  of  directors  of  any  school 
district  to  provide  and  maintain  such  school  as  is  provided  by  this  act, 
on  or  before  the  first  day  of  December  of  the  current  school  year,  hire 
a  teacher  or  teachers  for  such  school  district,  and  provide  the  necessary 
fuel  and  appendages  for  the  maintenance  of  such  school  or  schools  for  at 
least  four  months  during  the  current  school  year;  and  upon  the  close  of 
such  school  and  after  the  teacher  of  said  school  has  made  such  reports 
of  the  same  as  provided  by  law,  he  shall  certify  to  the  treasurer  of  such 
district  the  amount  due  such  teacher  for  his  services,  and  also  the  amount 
due  and  the  party  or  parties  to  whom  due  for  fuel  and  other  necessary 
expenses  incurred  in  the  support  and  maintenance  of  such  school;  and 
it  is  hereby  made  the  duty  of  the  treasurer  of  such  district  to  pay,  upon 
the  order  of  such  county  superintendent,  the  amount  or  amounts  found 
due  by  said  county  superintendent,  and  the  filing  of  a  sworn  itemized 
statement  of  the  several  amounts  so  found  due  by  such  person  or  per- 
sons :  Provided,  That  any  qualified  voter  of  such  district  is  hereby  au- 
thorized to  bring  suit  against  such  county  superintendent  in  the  name  of 
and  in  behalf  of  the  district,  for  failure  to  comply  with  the  provisions 
of  this  act;  and  all  fines  collected  under  the  provisions  of  this  act  shall 
be  paid  into  the  county  treasury  for  the  use  and  benefit  of  the  county 
school  fund  of  such  county :  Provided  further.  That  the  provisions  of 
this  act  shall  not  apply  to  those  school  districts  which  will  be  required 
to  levy  more  than  one  per  cent,  to  support  and  maintain  such  school  as 
is  provided  for  by  this  act. 


INDEX. 


ACT  OF  ADMISSION—  PAGE. 

Educational  provisions  of  the  organic  act 3 

Educational  provisions  of  the  State  Constitution 3,  4 

Educational  provisions  of  the  act  of  admission , 5 

APPEALS— 

In  the  alteration  of  joint  school  district,  appeal  may  be  made  to  State  Super- 
intendent, how 16 

From  decision  of  the  County  Superintendent  on  the  formation  of  a  school  dis- 
trict to  the  Board  of  County  Commissioners 18 

Notice  shall  be  served,  when  and  how 18 

Trial  of  the  appeal 18 

Suspended  pupils  may  appeal  to  whom 27 

From  Probate  to  District  Court  in  sales  of  school  lands 64 

APPOINTMENTS— 

To  fill  vacancy  in  the  office  of  County  Superintendent 13 

Of  district  omcer  to  fill  vacancy 13,  22 

Of  appraisers  of  school  lands 63 

APPORTIONMENT  OF  PUBLIC  SCHOOL  MONEYS— 

When  and  how  made  to  counties 7 

When  and  how  made  to  school  districts  and  union  districts 11,  38 

When  and  how  made  to  cities 11,  38 

APPRAISEES  OF  SCHOOL  LANDS— 

How  appointed 63 

Shall  be  sworn 63 

Shall  appraise  each  legal  subdivision  of  school  land  separately,  at  its  real 

value 63,  64 

Shall  appraise  improvements  (if  any)  on  each  subdivision  of  land  separately,  64 

Shall  file  appraisement  with  County  Clerk 64 

May,  in  conjunction  with  County  Superintendent,  subdivide  timber  land  into 

suitable  lots , 65 

Shall  not,  directly  or  indirectly,  purchase  school  lands  appraised  by  them 69 

Shall  receive  for  their  services  two  dollars  per  day 70 

ATTENDANCE  AT  SCHOOL— Compulsory 82 

ATTORNEY  GENERAL— 

Shall  serve  as  member  of  Board  of  Commissioners  of  Permanent  School  Fund,  4 
Shall  examine  and  give  opinion  on  statement  of  facts  submitted  by  State  Su- 
perintendent of  Public  Instruction 8 

Shall  prepare  form  of  certificate  for  sale  of  school  lands 66 

Shall  bring  action  against  County  Clerks  who  fail  to  report  to  Auditor  of  State,  73 

Shall  bring  action  to  collect  unpaid  moneys  belonging  to  permanent  school  fund,  76 


INDEX.  89 

AUDITOR  OF  STATE  — 

Shall  debit  and  credit  County  Treasurers  for  sales  of  school  lands,  how 66- 

Shall  credit  County  Treasurer  amount  of  County  Superintendent's  orders,  how,  68,  70 

Shall  report  annually  regarding  sales  of  school  lands 71 

Shall  report  to  Attorney  General  County  Clerks  who  fail  to  report  regarding 

school  lands 73 

Shall  require  County  Attorney  to  prosecute  County  Treasurers  who  fail  to  pay 

gchool-land  moneys  to  State  Treasurer 73 

Shall  make  out  consolidated  bonds  for  permanent  school  fund 77 

Shall  cancel  and  destroy  the  bonds  presented  for  consolidation,  how 77 

BONDS,  SCHOOL- DISTRICT— 

Purposes  for  which  they  may  be  issued 58- 

Execution  of  district  bonds 59 

Bond  election,  how  conducted 58 

Board  of  County  Commissioners  to  levy  tax  to  pay  interest  and  create  sinking 

fund 59 

Sinking  fund,  how  applied,  and  investment  of 60 

Destruction  of  bonds 60 

Penalty  for  wrong  use  of  bonds 60 

Females  may  vote  at  bond  election 58 

Registry  of  district  bonds 59 

No  district  containing  less  than  twenty-five  children  can  issue  bonds 58 

Funding  bonds,  issuance  and  disposal  of 58 

Bonds  belonging  to  State  permanent  school  fund,  to  be  payable  at  State  treasury,  62 

County  and  City  Treasurers  shall  remit  to  State  Treasurer 62 

Penalty  for  failure  to  remit 62 

Bonded  indebtedness  to  be  reported  to  County  Clerk  by  District  Clerk 24 

CITIES  OF  FIRST  CLASS— 

Public  schools  in 40-50 

CITIES  OF  SECOND  CLASS  - 

Public  schools  in 50-57 

CITIES  OF  THIRD  CLASS  — 

Public  schools  in 57 

COMMISSIONERS,  COUNTY— 

Shall  audit  bills  for  services  of  County  Superintendent,  and  issue  orders  to  pay 

the  same 11,  1& 

Shall  appoint  to  fill  vacancy  in  office  of  County  Superintendent 14 

Shall  hear  appeals  in  reference  to  formation  or  alteration  of  school  districts 18- 

Shall  appoint  two  members  of  County  Board  of  Examiners  on  nomination  of 

County  Superintendent 34 

Shall  levy  annually  tax  for  interest  and  sinking  fund  of  school-district  bonds...  59 

Shall  approve  appointment  of  suitable  appraisers  of  school  lands 63 

COMMISSIONERS  OF  STATE  PERMANENT  SCHOOL  FUND  — 

Board  of,  how  constituted 4 

Duties  of 74-76 

CONSTABLES— 

Duty  of,  in  reference  to  trespass  on  school  lands.... 72 

COUNTY  ATTORNEY— 

Shall  bring  action  for  ejectment  in  case  of  forfeited  school  lands 68 

Fees  allowed  for  services  relating  to  school  lands 70 

Shall  prosecute  trespassers  on  school  land 72 


yO  SCHOOL   LAWS   OF   KANSAS. 

COUNTY  CLERK— 

Shall  report  to  County  Commissioners  vacancy  in  office  of  County  Superintendent,  14 

Duty  in  reference  to  school-district  taxes  for  building  and  teachers'  wages 29 

Duty  in  reference  to  school-district  library  tax 39 

Shall  register  school-district  bonds  on  presentation 59 

Shall  furnish  copy  of  register  of  school-district  bonds  to  County  Treasurer.......  59 

Shall  forward  copy  of  register  of  bonds,  with  statement,  to  State  Superintendent,  59 

Shall  file  and  record  appointment  of  appraisers  and  appraisements  of  school  lands,  64 

Shall  record  payments  for  sales  of  school  lands 66 

Shall  charge  County  Treasurer  with  payments  on  sales  of  school  lands 66 

Shall  issue  certificate  to  the  purchaser  of  school  lands,  showing  what... 66 

Shall  transmit  semi-annually,  to  Auditor  of  State,  abstract  of  school  lands 66 

Fees  allowed  for  services  in  reference  to  school  lands 68 

Shall  report  regarding  school  lands,  semi-annually,  to  Auditor  of  State,  on  or 

before  October  1st 71 

Penalty  for  failure  to  report  to  Auditor  of  State 73 

Duty  in  case  of  levy  of  tax  made  by  County  Superintendent  and  Commissioners,  8 
COUNTY  SUPERINTENDENT-- 

Constitutional  provision  concerning... 3 

Shall  have  charge  of  common-school  interests  of  county 9 

Shall  take  oath  of  office  and  execute  bond  of  one  thousand  dollars 9,  10 

Shall  apportion  State  and  county  moneys  to  districts  in  county,  when  and  how..  11 

Shall  make  semi-annual  visits  to  each  school  in  county 10 

Shall  note  the  condition  of  school  houses  in  county 10 

Shall  make  written  report  to  school  board 10 

Shall  correct  deficiencies  in  government,  classification,  instruction 10 

Shall  encourage  associations  of  teachers  for  mutual  improvement 10 

Shall  attend  associations 10 

Shall  examine  accounts  of  School- District  Treasurers,  and  records  of  Clerks 10 

Shall  keep  his  office  open  at  county  seat  Saturday  of  each  week 10 

Shall  see  that  the  District  Clerks  report  correctly  and  in  due  time 14 

Shall  report  annually  to  the  State  Superintendent,  what  and  when 12 

Penalty  for  failure  to  perform  duty 15 

Compensation  of  County  Superintendents 13 

May  employ  a  deputy  in  case  of  sickness  or  temporary  absence 15 

Shall  deliver  all  official  books  and  papers  to  his  successor 15 

Vacancy  in  office  of  County  Superintendent,  how  filled 13 

May  purchase  one  set  of  school-district  records  for  each  school  district 14 

Duty  in  regard  to  formation  or  alteration  of  school  districts 14 

Shall  report  to  County  Clerk  the  boundary  of  each  school  district,  when 15 

Number  of  children  required  for  the  formation  of  a  new  district 15 

Shall  appoint  time  and  place  for  first  district  meeting 15 

Duties  in  regard  to  formation  or  alteration  of  joint  districts 16 

When  altering  school  districts,  shall  apportion  school  property,  how 17 

May  call  special  meeting  to  transact  the  business  of  annual  meeting,  when 19 

Shall  appoint  a  suitable  person  when  a  district  officer  has  forfeited  his  office...  22 

See  foot-note  in  reference  to  vacancy  caused  by  forfeiture  of  district  office 22 

Shall  enforce  the  law  when  District  Clerks  fail  to  report  district  taxes  to  County 

May,  in  conjunction  with  district  board,  dismiss  teacher  for  cause 27 

Shall  hear  appeal  of  pupil  from  decision  of  school  board 27 

Duties  regarding  the  holding  a  normal  institute  annually 32 

Shall  serve  as  Chairman  of  County  Board  of  Examiners...  34 


INDEX.  91 

COUNTY  SUPERINTENDENT— CONCLUDED. 

Shall  keep  register  of  teachers'  certificates 10 

Penalty  for  receiving  bonus  from  publisher  of  school  books 40 

Shall  appoint  appraisers  of  school  lands,  when  and  how 63 

May  appear  before  Probate  Court  to  controvert  petition  of  settler  upon  school  lands,  64 
May,  in  behalf  of  State,  appeal  from  decision  of  Probate  Court  to  District  Court, 

how..., 64 

May,  in  conjunction  with  appraisers,  subdivide  timber  land  into  suitable  lots...  65 

Shall  not  purchase  school  lands 69 

Shall  issue  orders  for  payment  of  fees  relating  to  sales  of  school  lands,  how 70 

Shall  transmit  to  Auditor  of  State  abstract  of  orders  relating  to  sales  of  school 

lands,  when 70 

Duty  of  County  Superintendent  in  reference  to  trespasses  upon  school  lands 71 

Duty  of  County  Superintendent  in  reference  to  estates  of  persons  dying  with- 
out heir  and  will 76 

Duty  of,  in  case  of  neglect  or  refusal  of  any  district  to  maintain  public  school 

four  months  each  year 87 

Shall  employ  teacher  for  such  school,  when 87 

Shall  draw  orders  for  pay  of  such  teacher 87 

COUNTY  TREASURER  - 

Shall  pay  for  school-district  records  on  order  of  County  Superintendent 14 

Shall  pay  school  moneys  to  District  Treasurers,  when 25 

Shall  collect  school-district  taxes 25 

Custodian  of  normal-institute  fund 32 

Pay  orders  of  County  Superintendent  drawn  on  normal-institute  fund 33 

Shall  collect  school-district  library  tax , 39 

Shall  invest  sinking  funds  in  school  bonds,  when 60 

Shall  offer  appraised  school  lands  for  sale,  how 65 

Shall  pay  semi-annually  to  State  Treasurer  moneys  received 66 

Penalty  for  failure  to  pay  such  moneys  to  State  Treasurer 67 

May  sell  school  lands  at  private  sale,  when 69 

Shall  receive  what  fees  for  services  relating  to  sales  of  school  lands 70 

Shall  pay  fees  for  services  relating  to  school  lands,  on  order  of  County  Super- 
intendent  ?....  70 

Shall  give  duplicate  receipts  for  annual  payments  made  by  purchaser  of  school 

lands 73 

Shall  apply  to  State  Treasurer  for  school  moneys  apportioned  to  county,  when,  82 
Shall,  upon  proper  application,  pay  to  District  Treasurers  school  moneys  ap- 
portioned by  County  Superintendent 82 

Shall  collect  all  moneys  due  the  county  school  fund 82 

Shall  pay  the  same  to  District  Treasurer,  upon  proper  application 82 

Shall  collect  delinquent  taxes  on  real  estate  in  any  district  in  county 82 

Shall  pay  such  taxes  to  the  treasurers  of  the  districts  to  which  such  taxes  belong,  82 
Penalty  for  refusal  to  pay  State  and  county  school  moneys,  on  order  of  County 

Superintendent 82 

Shall  receive  no  compensation  for  receiving  or  disbursing  county  or  State  school 

moneys 83 

Penalty  for  refusal  to  pay  over  any  school  moneys,  on  proper  application 83 

DISTRICT  OFFICERS  — 
Di  RECTOR: 

Shall  preside  at  all  district  meetings 22 

Shall  sign  all  authorized  orders  drawn  by  Clerk  on  Treasurer 22 

Shall  appear  in  behalf  of  district  in  suits  brought  by  or  against  district,  when,  22 

Shall  sign  district  bonds  and  coupons  issued  during  his  term  of  office 59 


92  SCHOOL    LAWS    OF    KANSAS. 

DISTRICT  OFFICERS  —  CONTINUED. 

CLERK  : 

Shall  give  notice  of  annual  or  special  meeting  of  district,  how  and  when...  18 

May  call  special  meeting  to  transact  business  of  annual  meeting, how  and  when,  19 

Shall  record  the  proceedings  of  his  district 22 

Shall  keep  and  preserve  all  official  records,  books  and  papers 23 

Shall  be  Clerk  of  District  Board,  and  of  all  district  meetings  when  present,  23 

Shall  draw  orders  on  District  Treasurer  for  authorized  purposes 23 

Shall  make  written  report  to  district  at  the  annual  meeting 23 

Shall  transmit  to  County  Superintendent  said  report  as  adopted  by  district,  23 

Penalty  for  false  report 24 

Shall  report  to  County  Clerk  a  list  of  resident  tax-payers,  when 24 

Shall  annually  report  to  County  Clerk  levy  of  district  taxes,  when 28 

Penalty  for  failure  to  report  district  tax 24 

Shall  report  to  County  Superintendent  names  and  post-office  address  of 

officers  elect,  when 24 

Shall  report  commencement  of  each  school  term,  when 24 

Shall  report  indebtedness  of  district  to  County  Clerk  on  or  before  July  5th 

of  each  year 24 

Penalty  for  refusal  to  deliver  official  documents  to  his  successor 25 

Shall  be  Librarian,  unless  the  Board  shall  appointsome  other  suitable  person,  39 

Shall  countersign  school  bonds  and  coupons  issued  by  the  district 59 

Shall  sign  notices  of  district  election  for  school  bonds 58 

Shall  take  notice  of  trespassers  on  school  lands 72 

TREASURER : 

Shall  execute  a  bond  to  the  district , 25 

Such  bond  shall  be  justified  by  affidavits  of  principal  and  sureties 25 

Shall  pay  out  district  moneys  on  order  of  Director  and  Clerk 25 

Shall  receive  school  moneys  from  County  Treasurer,  how 25 

Shall  enter  in  a  book  all  moneys  received  and  disbursed  by  him 26 

Shall  make  written  report  at  annual  meeting,  showing  what 26 

Shall,  at  close  of  term,  settle  with  District  Board 26 

Shall  deliver  moneys  and  official  records  to  his  successor 26 

'•  Penalty  for  refusing  to  deliver  official  records  and  moneys  to  his  successor...  26 
Shall  prosecute  his  predecessor  for  failure  to  pay  over  money  belonging  to 

the  district  26 

Shall  take  notice  of  trespassers  on  school  lands ,.  72 

DISTRICT  BOARD: 

Shall  consist  of  Director,  Clerk  and  Treasurer 22 

Term  of  office 22 

Official  oath 22 

Forfeiture  of  office 22 

Shall  carry  into  effect  all  lawful  orders  of  the  district 26 

Shall  have  the  care  of  school  house  and  other  district  property 26 

Shall  have  power  to  make  regulations  relating  to  district  library 26 

Shall  have  power  to  appoint  a  suitable  person  to  take  care  of  library  and 

apparatus 26 

Have  power  to  admit  scholars  from  adjoining  districts 27 

Shall  contract  with  qualified  teachers 27 

May,  in  conjunction  with  County  Superintendent,  dismiss  teacher  for  cause,  27 

Shall  provide  necessary  appendages  during  school  term 27 

Shall  submit  account  of  appendages  for  allowance  at  any  regular  meeting 27 

May  suspend  pupils  for  cause,  subject  to  appeal  to  County  Superintendent,  27 

Shall  furnish  teacher  with  daily  register s 27 

Shall  visit  the  district  school  at  least  once  during  school  term 27 


INDEX.  93 

DISTRICT  OFFICERS  —  CONCLUDED. 

Shall  require  uniform  series  of  text-books  in  each  branch 28 

Shall  not  act  as  agent  for  any  publisher  or  bookseller 28 

Shall  not  receive  any  gift  for  introducing  any  book,  apparatus  or  furniture,  28 

Shall  cause  clerk  to  report  district  levy  on  or  before  August  25,  annually 28 

Shall  levy  tax  for  payment  of  judgment  against  district 29 

Shall  be  liable  to  judgment  creditor,  when 29 

May  remove  school  house,  when 29 

May  open  school  house  to  the  business  meetings  of  societies  in  the  district....  30 

May  determine  additipnal  branches  to  be  taught  in  school  of  district 30 

Penalty  for  refusing  admission  to  any  children  residing  in  the  district 30 

Shall  not  allow  infected  pupils  to  attend  school 31 

May  .assess  a  tuition  fee,  how  and  when 31 

May  issue  bonds  of  district,  how,  and  for  what  amount  and  purpose 58 

May  negotiate  the  bonds  at  a  price  to  be  fixed  by  the  voters  of  the  district,  59 

Shall  order  a  district  election  for  the  bonds,  when  and  how 58 

Shall  destroy  canceled  bonds,  how 60 

Penalty  for  wrong  use  of  bonds  of  district 60 

May  issue  funding  bonds,  when  and  how 58 

Shall  levy  a  tax  to  pay  apportionment  of  school  property,  when 17 

May  transact  business  of  annual  meeting  of  district,  when 20 

DISTRICT  MEETINGS 18-20 

DISTRICT  SCHOOLS 30,  31 

EXAMINERS,  COUNTY  BOARD  OF 34-36 

EXECUTORS  OR  ADMINISTRATORS  - 

Shall  pay  into  permanent  school   fund   proceeds  of  estates  of  persons  dying 

without  heir  and  will,  when 76 

Shall  pay  into  county  school  fund  money  unclaimed  by  heirs,  when 83 

FINES  AND  PENALTIES 39,  40 

INSTITUTES,  COUNTY  NORMAL 31-33 

JUSTICES  OF  THE  PEACE  — 

Shall  have  jurisdiction  in  school-district  cases,  when 39 

Shall  report  to  County  Superintendent  proceeds  of  fines  and  estrays,  when 83 

Shall  pay  said  proceeds  into  county  school  fund,  when 83 

OFFICIAL  OATHS - 

State  Superintendent  of  Public  Instruction 6 

County  Superintendent  of  Public  Instruction 9 

School-district  officers 22 

ORGANIC  ACT— Educational  provisions  of. 3 

POWERS  OF  SCHOOL-DISTRICT  MEETINGS 20,37,  39 

PROBATE  JUDGE- 

Shall  appoint  three  disinterested  freeholders  to  appraise  and  condemn  school 

site,  when 21 

Shall  appoint  three  disinterested  persons  to  appraise  and  condemn  one  acre  for 

site,  when 29 

Shall  receive  what  fees  for  services  relating  to  school  lands 70 

Shall  order  sale  of  estate  of  person  dying  without  heir  and  will,  when 77 

Shall  keep  on  file  one  of  administrator's  duplicate  receipts  for  moneys  paid  into 

permanent  school  fund 77 

Shall  certify  proof  of  heirship  of  person  claiming  recovery  of  said  estate,  when,  77 

QUALIFICATIONS  OF  DISTRICT  VOTERS 19,  58 


94  SCHOOL   LAWS   OF   KANSAS. 

REPORTS  — 

State  Superintendent's  biennial  report 9 

County  Superintendent  to  State  Superintendent,  quarterly  and  annual 11,  12 

County  Superintendent  report  boundaries  of  school  districts  to  County  Clerk...  14 

Eeport  of  District  Clerk  to  annual  school  meeting 23 

Annual  report  by  District  Clerk  to  County  Superintendent 23 

Clerk  of  joint  district  to  report  to  whom 24 

District  Clerk's  report  to  County  Clerk  of  persons  liable  to  pay  taxes 24 

District  Clerk's  report  to  County  Superintendent  of  commencement  of  school 

term,  and  district  officers  elected 24 

District  Clerk's  report  to  County  Clerk  of  indebtedness  of  school  district 24 

District  Treasurer's  report  to  annual  meeting 26 

Reports  of  Clerk  and  Treasurer  of  graded-school  district 38 

Board  of  Education  of  city  schools  to  make  report 41,  54 

County  Clerk  to  report  to  State  Superintendent  when  district  bonds  are  issued,  59 

County  Clerk  to  report  sales  of  school  lands  to  State  Auditor 66,  71 

County  Superintendent  to  State  Auditor 70 

State  Superintendent  to  the  Legislature 75 

State  Treasurer  to  State  Superintendent 81 

County  Clerk  to  County  Superintendent 83 

Justices  of  the  Peace  to  County  Superintendent 83 

SCHOOL  DISTRICTS  — 
CITIES  OF  FIRST  CLASS: 

The  whole  city  is  a  school  district  for  purposes  of  taxation 43 

CITIES  OF  SECOND  CLASS: 

The  whole  city,  together  with  the  territory  attached  for  school  purposes,  is 

a  school  district  for  purposes  of  taxation 54 

Adjacent  territory  attached  for  school  purposes 51 

CITIES  OF  THIRD  CLASS: 

The  whole  of  the  city  corporation  shall  be  and  remain  in  one  school  district 

for  purposes  of  schools  and  taxation 57 

UNION  "AND  GRADED-SCHOOL  DISTRICTS 37,  38 

JOINT  DISTRICTS: 

How  formed  and  designated 16 

How  changed 16 

Clerk  of  joint  districts  shall  report  to  each  County  Superintendent 24 

COMMON-SCHOOL  DISTRICTS:  , 

Formation  and  alteration  of. 14,  15 

Shall  be  deemed  organized,  when 16 

Every  organized  district  shall  be  a  body  corporate,  and  designated,  how...  16 
Persons  aggrieved  by  formation  or  alteration  of  district  may  appeal  to  the 

County  Commissioners,  when 18 

SCHOOL  FUNDS— 

PERMANENT  SCHOOL  FUNDS: 

Proceeds  of  sales  of  school  lands .3,  4,  69 

Estates  of  persons  dying  without  heir  and  will 4,  76 

Per  cent,  granted  by  Congress  on  sales  of  public  lands  in  Kansas 4 

Management  of  permanent  school  fund 74 

STATE  ANNUAL  SCHOOL  FUNDS: 

Interest  on  permanent  school  fund  securities 4,  81 

Rents  of  school  lands 4?  81 

Fees  paid  by  insurance  companies  doing  business  in  the  State 82 

Management  of  State  annual  school  fund 80,  82 


INDEX.  9i 

SCHOOL  FUNDS -CONCLUDED. 
COUNTY  SCHOOL  FUND: 

Equivalents  for  exemption  from  military  duty 4,  82,  8 

Proceeds  of  estrays 4}  81,  8 

Fines  for  any  breach  of  the  penal  laws 4,  8 

Moneys  unclaimed  by  heirs 8 

Management  of  county  school  fund 82,  8 

SCHOOL  HOUSES  — 

District  Board  shall  have  care  and  keeping  of. 3 

May  be  used  for  what  purposes 3 

Eemoval  of. 2 

SCHOOL-HOUSE  SITE  — 

How  selected 2 

Maybe  changed,  when  and  how 2 

Land  to  be  condemned  for  school-house  site 21,  2 

To  be  purchased  or  leased  by  district  board 2 

SCHOOL  MONTH  — Denned 3 

SCHOOL  TERM  OF  FOUK  MONTHS— Required,  when 8 

SCHOOL  LANDS— 

Constitutional  provisions 3, 

Provisions  of  act  of  admission 

Statutory  provisions 6 

SCHOOL-DISTRICT  LIBRARIES 3 

SECRETARY  OF  STATE— 

Shall  serve  as  member  of  Board  of  Commissioners  of  Permanent  School  Fund, 

Shall  attest  consolidated  bonds  belonging  to  permanent  school  fund 7 

Shall  be  depositary  of  bond  of  State  Treasurer  as  treasurer  of  State  annual 
school  moneys 8 

SHERIFF— 

Duty  of,  in  relation  to  trespass  on  school  lands 7 

STATE  BOARD  OF  EDUCATION 36,    3 

STATE  CONSTITUTION- 

Educational  provisions  of. 3, 

STATE  SUPERINTENDENT— 

Constitutional  provisions  concerning 

Official  oath 

General  duties 

May  appoint  an  Assistant  Superintendent 

Shall  apportion  State  annual  school  moneys,  when  and  how 

Shall  prescribe  blank  forms  for  common-school  business 

Shall  give  his  opinion  on  questions  submitted  to  him,  in  writing 

Shall  keep  a  record  of  all  such  decisions 

Shall  cause  copies  of  the  school  laws,  forms,  etc.,  to  be  published  for  use  of 

school  officers 

Shall  open  correspondence  relating  to  the  school  system  of  other  States 

Shall  prepare  a  biennial  report,  bearing  date  when,  and  containing  what 

Shall  visit  each  county  in  the  State  biennially 

Shall  deliver  books,  papers,  etc.,  to  his  successor 

Shall  assist  County  Superintendents  in  making  arrangements  for  county  normal 
institutes....  3 


•96  SCHOOL   LAWS   OF   KANSAS. 

STATE  SUPERINTENDENT  — CONCLUDED. 

Draw  order  on  State  Treasurer  for  fifty  dollars,  to  be  used  in  paying  expense  of 

county  normal  institute,  when 33 

Shall  serve  as  member  of  State  Board  of  Education.. 36 

Shall  not  receive  bonus  from  publishers  of  text-books 40 

Penalty  for  receiving  bonus 40 

Shall  apportion,  as  provided  by  law,  the  interest  on  deferred  payments  for  school 

lands 66 

Shall  report  the  condition  of  the  permanent  school  fund 75 

Shall,  with  the  Governor,  approve  bond  of  State  Treasurer  as  receiver  of  State 

annual  school  moneys 81 

STATE  TREASURER— 

Shall  give  receipts  to  County  Treasurers  who  pay  over  school-land  moneys 67 

Shall  give  additional  bonds  as  custodian  of  permanent  school  fund  securities...  71 

Shall  be  custodian  of  all  moneys  belonging  to  permanent  school  fund 76 

Shall  be  custodian  of  all  permanent  school,  State  Normal  School,  and  State  Uni- 
versity fund  securities 76 

Shall  receive  all  State  annual  moneys 81 

Shall  hold  such  moneys  subject  to  order  of  State  Superintendent 81 

Shall  keep  accounts  of  permanent  fund  and  of  annual  fund  in  separate  books...  81 
Shall  report  to  State  Superintendent  the  amount  of  permanent  school  fund 

moneys  in  treasury,  when 81 

Shall  report  to  State  Superintendent  the  amount  of  annual  school  fund  moneys 

in  treasury,  when 81 

Shall  pay  annual  school  fund  moneys  to  County  Treasurer  on  orders  of  State 

Superintendent 81 

As  treasurer  of  annual  school  fund  shall  give  bond,  to  be  approved  by  Governor 

and  State  Superintendent...". 81 

TEACHERS  OF  DISTRICT  SCHOOLS  OR  GRADED  SCHOOLS  — 

Shall  keep  a  daily  record  of  what 31 

Shall,  at  close  of  each  term,  file  with  District  Clerk  a  report  of  what 31 

Penalty  for  failure  to  report 32 

TEACHERS'  CERTIFICATES— 

City  certificates,  by  whom  granted,  and  on  what  terms 43,  53 

County  certificates,  by  whom  granted,  and  on  what  terms 34-36 

State  diplomas  and  certificates,  by  whom  granted,  and  on  what  terms 36,  37 

TEXT-BOOKS 8,  28 

TRESPASS  ON  SCHOOL  LANDS 71 

UNION  OR  GRADED-SCHOOL  DISTRICTS 37,  38 

UNORGANIZED  COUNTIES  — 

Attached  to  organized  counties  for  school  purposes 85 

Shall  have  a  Deputy  County  Superintendent 85 

Deputy  Superintendent  shall  report  to  County  Superintendent  to  which  the 

county  is  attached 85 

Penalty  for  failure  to  report 86 

Schools  shall  be  under  control  of  the  County  Superintendent  of  the  organized 

county 86 

State  -fund,  how  apportioned 86 

Annual  school  meetings 86 

School  districts  in  unorganized  counties  cannot  issue  bonds 86 


A 


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